Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top of the U.S.-China agenda. The essay illustrates the argument by examining three questions that the author has asked when he engages in debate with U.S. scholars and policymakers over intellectual property protection in China. The essay underscores the policy complexities involved in the U.S.-China intellectual property debate.
Peter K. Yu, Three Questions That Will Make You Rethink the U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008)