Poor enforcement of international intellectual property law in
non-Western countries is typically blamed on national-level
institutional, political, and cultural contexts. However, there are
other factors at play, producing uneven efficacy of transplanted laws
within a nation. Greyscale Legality analyzes how and why legal
transplants survive, perish, or thrive beyond their original contexts
by critically examining the application of international IP law across
six industries in China. Drawing on extensive fieldwork in areas such
as biomedicine, telecom equipment, and film and television, Qiaoling
He investigates how legal texts and industry-specific contexts
interact to shape widely differing degrees of IP enforcement within
the same nation. She argues that laws, as drafted, function on a
greyscale of interpretive and operative ambiguity within the
industries where they are applied. National settings may not always be
supportive for IP law transplants in reducing such ambiguity, but
certain industry-specific directives, such as product standardization
and network structure, can compensate. Greyscale Legality astutely
uses Chinese case studies to identify mechanisms that shape the
outcomes of global-local encounters, and to develop a theoretical
framework that can be applied to other developing countries and other
legal areas. Contextual elements can facilitate enforcement by
bringing legal texts a more focused interpretation, alleviating legal
greyness and generating pockets of legal effectiveness.
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The Diverse Landscape of Intellectual Property Law Enforcement in China
Produktdetaljer
ISBN
9780774871730
Publisert
2025
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter