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University of New Hampshire Law Review

Abstract

[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter of disagreement. In order to predict whether or not a country that is currently not enforcing its laws will enforce them in the future, it is undoubtedly necessary to understand the factors driving a country’s current enforcement policy. For instance, cultural, economic, or political factors, or a combination thereof, may result in stricter enforcement practices, while others may discourage or delay them.”

Repository Citation

Justin McCabe, Enforcing Intellectual Property Rights: A Methodology for Understanding the Enforcement Problem in China, 8 Pierce L. Rev. 1 (2009), available at http://scholars.unh.edu/unh_lr/vol8/iss1/3