Varnav, Amity Law School, Noida
ABSTRACT
Intellectual property has been a significant issue in the trade relationship between China and the United States. The US has long been concerned about intellectual Property theft and forced technology transfer in China, and has taken several measures to address these issues.In 2018, the US imposed tariffs on Chinese imports in response to what it perceived as unfair trade practices, including intellectual property theft. The Unites States also initiated a Section 301 investigation into China’s intellectual property practices, which led to the imposition of additional tariffs on Chinese goods. China has made efforts to improve its intellectual property protection and enforcement regime in recent years, including the establishment of specialised intellectual property Courts and increased penalties of intellectual property infringement.
This paper provides a comprehensive analysis of the historical evolution and philosophical foundations of intellectual property (IP), and the concept of IP rights. It examines the role of IP in the development of the United States and China, and their growing prominence in global trade. The paper delves into the IP war between the United States and China, and its global trade implications. It analyses the root causes of the conflict, such as the rise of China's innovative capacity and the US's efforts to maintain its technological leadership. The paper also explores the impact of the conflict on global trade, particularly with regards to the WTO and other international trade agreements.
Through a critical analysis, the paper argues that the IP war between the United States and China is not only a trade issue but also a geopolitical one, as it involves the projection of power and influence. It highlights the need for a more nuanced and balanced approach to IP policy that takes into account the interests of all parties involved.
In conclusion, this paper provides a timely and insightful analysis of the complex and evolving landscape of IP, particularly in the context of the United States and China. It offers a critical perspective on the IP war between the two countries, and its implications for global trade and development.
Keywords: Intellectual property rights, Tech war, United States, China, Geopolitical
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