Economic And Social Status Of China

* From planned economy to free market powerhouse: The post - Mao era ( 1976 onwards )

Counterfeiting does not only happen in the United States, but in other parts of the world as well. Jills Jusko reported that “back in 2006, more than $155 million in counterfeit goods were seized by the U.S government. The goods came from China, 81%, Hong Kong, 6%, Taiwan, 1%, Pakistan, 1%, Korea, 1%, and from other places, 10%” (2007). This causes a negative economic effect

Socio-economic and socio-political are the main force to the steadily growth of new middle class in China and become a major component of Chinese population . Many scholars explained the significant of middle-class as the supporter of democratization and democratic as Barrington Moore’s famous quote “no middle class, no democracy” However, the structure of Chinese society is very complex since China has its own characteristics which differ from other. The idea of China’s expanding middle-class will be a major driving force for political change and democratization may not be worked. I disagree with this statement due to the following reason;

TCOs play a key role in the production and distribution of counterfeit products and engage in this activity because it produces high profits comparable to other illicit activities such as drug trafficking but with a greatly reduced risk for prosecution and penalties associated with these types of crime. Evidence has been gathered to prove that numerous well-known TCOs from such countries as Italy, Japan, and Hong Kong have engaged in the counterfeit products business with a direct link to other illicit activities from these groups such as money laundering. Many of these TCOs have the tactics, techniques and procedures to manufacture, distribute, and sell counterfeit products on a global scale through their other illegal activities such as drug,

Two Years after the death of Mao Zedong in 1976, it became apparent to many of China's leaders that Economic reform was necessary. By 1978 " Chinese leaders were searching for a solution to serious economic problems produced by Hua Guofeng, the man who had succeeded Mao Zedong as CCP leader after Mao's death" (Shirk 35). As Susan L. Shirk describes the situation in The Political Logic of Economic Reform in China, restoring the CCP's prestige required improving economic performance and raising living standards. After the communist take over the country, Mao contained his emphasis on moral force by demanding that Chinese citizens demonstrate what he referred as "correct consciousness".

Among them were a Trademark Law, A Patent Law, a Copyright Law, Regulations for the Protection of Computer Software, and others designed for protection of intellectual property rights. Besides, China has joined a number of international bodies and showed her willingness to take responsibilities. So far, China has built a relatively integrated legal structure in protection of intellectual properties.

Intellectual property is very important as American business continues to expand and develops. Businesses are now attempting to penetrate foreign markets which are unique in their laws, customers and beliefs. As such, it is important for business to protect the intellectual capital that made their operations thrive and flourish. It is the nature of capitalism to copy or mimic successful products. It is when companies outright copy a trademark or patented process that complications arise. Intellectual property is no different in this regard. China specifically, has been notorious for infringing on American companies intellectual capital. WIPO defines refers to counterfeiting as "infringement on trademarks," and piracy as "infringement on copyright or related acts (Jacobson, 2008)." 5 to 7 percent of all world trade is comprised of piracy and counterfeiting. Piracy rates within China were at an alarming 92% ( Cheng, 2011).Nearly 1.3 Billion people now live in China, of which approximately 90% of them pirate software or commit other versions of cybercrime against intellectual property. The likelihood of actually getting caught for this offense is unlikely due in part to the sheer volume of citizens within the country. Would it be practical or even worthwhile to catch every small business counterfeiter within China? If so, what is to prevent another person from committing the same offense? With the ease of access to technology, I believe that literally any one of the 1.3

some ways it has proven to be a success but in others it has not.

Even with the rise in awareness, should there be a stronger bind to prevent counterfeits or should counterfeiting be ignored? The issue with consumers who are clueless to distinguish a genuine item to a fake is a harsh reality. The research will consist of statistics and more in-depth details relating to the dangerous activities involving the production and distribution of counterfeit goods.

The depth of China’s involvement in intellectual property theft is far greater than I would have ever expected. Prior to taking the business law course, I never thought about what intellectual property theft was or the impacts that it has. The report of the Commission on the Theft of American Intellectual Property, states that “China is the world’s largest source of Intellectual Property theft” (pg 10 & 11) costing the American economy hundreds of billions of dollars per year, along with millions of jobs.

Whatever the reason a consumer has for purchasing a counterfeit product, that sale will still influence the global economy. Counterfeiting leads to huge losses for not only the industry, but also a loss of tax revenue for governments. It is estimated that counterfeiting consists of 5% to 7% of world trade and produces profits of over 650 billion dollars annually (“Challenges of Selling”, 2008). Not only does counterfeiting steal profits from legitimate retailers, but it also causes loss of jobs, other, more violent crimes, supports child labor, and puts consumers’ health at risk (Bell, 2016). Since most illegal counterfeiting operations are run by organized crime rings, no taxes are paid, and the profits from selling these goods are often used to support other crimes such as drug and human trafficking, money laundering and even terrorism. Counterfeit sales in the United States have been directly related to the killing

Every country in the world is given a label. All nations are either labeled as a developing nation or a developed nation. Determining whether or not a country is developed or developing can be very hard. Developing nations are lacking and are trying to get what developed nations have. Developed nations have great infrastructure and technology with a much better and complex economy than developing nations. Developing nations have a larger population with lower standards of living for the people. China is a country that to many, seem to be developed but to them as a country claim to still be a developing nation. China's claim of their “developing nation” status is very valid because China is not yet politically or socially stable, the country is still trying to make the people's lives better and, China’s economy is not developed.

Counterfeiting refers to illegally production of substandard or fake products using the trade mark of brands without their permission. Counterfeiting is criminal offence and according to business law counterfeiters can be keep under prison at least on decade and additional fines can be charge. Counterfeiting is increasing rapidly due many reasons and some of them are lack of law enforcement economy conditions etc and counterfeiting is prevailing in developing countries and under developing countries as well. In under developing countries counterfeiting is high due to low per capita income and unavailability of branded products and the other solid reason is their knowledge and perception about

Since 1979, China has formally begun acknowledging and protecting Intellectual Property Rights (IPR). However, despite the implementation of a legal framework consisting of three national laws passed by the National People’s Congress, China is still renowned for its intricate copycat culture, a mentality in which copying is not necessarily frowned upon and at times is even respected, and the lines regarding what consitutes intellectual and public property are often hazy. This paper will therefore aim to explore-- to what degree is IP protected in China? In order to answer this question, it is necessary to fully examine the legal infastructure that has been created to formally and judicially protect IPR. This includes first considering the nature of IP protection prior to the introduction of formal IPR laws, followed by examining the 3-fold legal system that has been implemented including the Trademark Law, the Copyright Law and the Patent Law. It is finally also necessary to understand the Chinese copyright culture, what this mentality entails, and to what degree is it still accepted in China.

The Intellectual Property Department was put in place in 1990 to ensure some sort of protection when it comes to intellectual property rights. “Protection of intellectual property rights protects creativity. The efforts of writers, artists, designers, software programmers, inventors, and other talents need to be protected in order to create an environment where creativity can flourish and hard work can be rewarded.” (IP in Hong Kong, China). Hong Kong is full of creativity and innovation so that their intellectual property rights are greatly protected. Even though they are for freedom of intellectual property rights, it only pertains to ideas and creations that are beneficial to social growth and prosperity. “To balance the interest of intellectual property rights owners and the society as a whole, while a pharmaceutical invention may be protected by patent registration, a special medical treatment of a disease is not protected.” So a person could use that invention to perform surgery or diagnosis because it is relevant to the health of society and appealing to the human needs. Investors can be guaranteed protection for intellectual property because it is something Hong Kong takes seriously and needs so that their economy can grow. Ultimately, Hong Kong and China’s goal is to have the highest protection of intellectual property in line with “international standards”, which can give some peace of mind to future investors knowing that if they were to bring an idea to Hong