Comparative Analysis of Intellectual Property between China and the West: A Cultural Perspective

Xu, Cong

Abstract

Previous researches have studied the connection between the developed countries’ intellectual property system and China’s practice, in particular, China’s poor social environment unfavorable to the protection of intellectual property rights, but little attention has been paid by those researchers to the part of the unique culture of China, not to mention the elaboration of the diversity of intellectual property acculturation across the globe. Chinese traditional civilization, distinct from the western counterpart, has significantly influenced the Chinese people over a long period of time. Many studies on Chinese culture have been mainly focused on the causes for juristic divergence from the west’s and China’s historical developments driven by political consideration and legal instrumentalism, but very few touches upon what roles Chinese culture has played in the intellectual property protection. At least, some parts of the traditional Chinese culture overlook the protection of intellectual property rights.. Another outcome caused by the Chinese featured intellectual property culture was found as a result of the deficiency and low efficiency of the legal execution system.


Those findings in this article highlight the potential and inherent difficulties encountered by China’s intellectual property protection and the current recognition of the intellectual property system in people’s mind affected by the deep-rooted Chinese culture. Following the introduction to the traditional Chinese culture and based on the comparative analysis of various culture characters and piths between China and the West, in conclusion, the author will try to present a new and better understanding on China’s unique intellectual property protection system. It is the author’s belief that a better understanding on the intellectual property protection system in the diversified cultural background will provide new direction and avenues to understand the diversity of each nation’s intellectual property protection system.


Keyword(s)

Term 1 : Chinese Traditional Culture

Term 2 : Intellectual Property Acculturation
Term 3 : Legal Transplantation

Term 4 : Intellectual Property Protection System


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