How to Cope with China's (Alleged) Failure to Implement the TRIPS Obligations on Enforcement

This article deals with the enforcement of intellectual property rights (IPRs) in China. First, it describes pirating and counterfeiting of IPR-protected goods as a global problem, highlighting the role of China in this activity. It then looks at concrete enforcement deficits and assesses the extent to which this practice collides with China's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) obligations on enforcement. After giving reasons for the current situation of IPR enforcement, various reform efforts are presented and their TRIPS conformity is appraised. Against this background, the article discusses the options at the disposal both of private enterprises doing business in China and governments in coping with and influencing the current environment of IPR enforcement in China.