Although there is an increase in both Japan and China's aggressiveness to enforce IPRs, it will take some time to get the enforcement level on that known to the West.63 It is not easy to change deeply held cultural values, even if these values impinge of business revenues, i.e. the less confrontational nature to engage in infringement litigation.
Hand in hand with this is the imitation culture; although the focus in Japan is more on application and improvement innovation, it does not go to say that Japan is not a technological innovative regime. On the side of China, its recent efforts in establishing large R&D centres for technological development, as well as the revised Scientific and Technological Progress Law in January 2008, supports its incentive to once again be known as the global technical leaders.64 The establishment of various Western companies' industrial technology and research centres in China further shows that industry intends to ride the wave of the "new China."
- Confucianism is an ancient Chinese ethical and philosophical system originally developed from the teachings of the early Chinese philosopher Confucius. It is a complex array of moral, social, political, philosophical, and quasi-religious thought that has had tremendous influence on the culture and history of East Asia. In essence Confucianism advocates Li (rites) as a basic doctrine and calls for maintaining the established social order. According to Confucius, everyone has a fixed position in society and, provided each person behaves according to rank, social harmony is achieved. A foreign business person must understand the implications of this strong sense of hierarchy to do business successfully in China. Small events, which might be irrelevant in another culture, can become important and breach of these "rules" may offend the group leader and cause loss of business opportunities.
- Journal of Chinese Philosophy, Vol. 19 No. 2, 1992, pp. 155-69, "Inherent limitations of the Confucian tradition in contemporary East Asian business enterprises" Oh, T.K.; also see a study by University of Aveiro, Portugal, "The Influence of Confucianism and Buddhism on Chinese Business: the Case of Aveiro, Portugal, Tianbo Li, Gillian Owen Moreira, see http:// www.immi.se/intercultural/nr19/tianbo.htm (Last visited on 30 June 2010).
- Journal of International Management Studies, Vol. 2, No. 2, August 2007, "Confucius on Management: Understanding Chinese Cultural Values and Managerial Practices," Charles A. Rarick, Purdue University Calumet to be viewed at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1082092 (Last visited on 30 June 2010).
- "China business culture: What part should "Guanxi" play in importing from China?," Shawn He Yuxun to be found at http://www.smartchinasourcing.com/china-business-culture/china-business-culture-guanxi.html (Last visited on 29 June 2010).
- Harvard Business Review, Vol. 64 No. 4, 1986, pp. 75, 814, "The China trade: making the deal work," Hendryx, S.R.
- Wikipedia "Shinto (神道 Shintō) is the native religion of Japan and was once its state religion. It is a polytheistic and animistic faith, and involves the worship of kami (神), or spirits."
- "Confucian ethics and Japanese management practices," Global Business Review, Vol. 7 No. 8, 1988, pp. 575-84, Dollinger, M.J.
- Sincerity to most Westerners means free from pretence or deceit; in other words, honest and truthful without reservations. But the typical Japanese, being Makoto (mah-koe-toe) means to properly discharge all of one's obligations so that everything will flow smoothly and harmony will be maintained. It also means being careful not to say or do anything that would cause loss of face. By extension, it further means that Makoto people will not be self-seeking; will not get excited or provoke others to excitement; will not reveal their innermost thoughts if they are negative; will not, in fact, do anything disruptive. This, obviously, does not necessarily include or require strict adherence to what Westerners like to call honesty and frankness, since harmony of a kind can be maintained indefinitely as long as both sides play according to the same rules. And the Japanese, just like the Westerners, tend to think and behave as if their rules were the ones being used.
- Japan Times Online, June 3, 2004, Changing The World One Byte At A Time: Internet Star Spreads The Blogging Gospel, Yuri Kageyama, at http://www.japantimes.co.jp/cgibin/getarticle. pl5?nn20040603a8.htm (Last visited on 29 June 2010).
- The Japanese and 'Face' to be found at http://www.myjapanphone.com/japan_business_servive/basic_business_enviroment/The_Japanese_and_Face.html (Last visited on 29 June 2010).
- The concept of the wrapping the roots of a tree that is going to be transplanted. You dig around the roots very carefully. As each root is exposed, you wrap it in a damp cloth, and at the end of the process, the tree is easily transplanted and is ready to live, thrive and succeed." See Toshika Takenaka: "Does a Cultural Barrier to Intellectual Property Exists? The Japanese Example," 29 N.Y.U.J. & Pol 153 (1997).
- "Decision-making in Japan—A study of corporate Japanese decision-making and its relevance to Western companies" by Ruth Taplin, 1995—ISBN 1-873410-34-4.
- Intellectual Property Law in Asia, December 2002, Christopher Heath, ISBN 9041198946.
- "China Today: Intellectual Property Protection in China: Does it Warrant Worry?" by May 1, 2007 By Eric S. Langer, Bio-Pharm International to be viewed, http://biopharminternational. findpharma.com/biopharm/Article/China-Today-IntellectualProperty-Protection-in-Ch/ArticleStandard/Article/detail/423187 (Last visited on 29 June 2010).
- Intellectual Asset Management Magazine, Maximising IP Value for business, December/January 2008, Issue 27, "Japanese Intellectual Property typhoon still not even a tropical storm," by Terry Ludlow.
- See Asian Intellectual Property, International Law & Management Review, Issue 1, Spring 2005: "The Viability of Stimulating Technology-Oriented Entrepreneurial Activity in China, Taiwan, Japan, and South Korea: How Regulations and Culture Encourage the Creation, Development, and Exploitation of Intellectual Property," Goldberg, to be viewed at, http://www. byuilmr.org/index.php?option=com_content&view=article&id =6%3Avolume1spring2005&Itemid=8 and http://www.byuilmr. org/media/articles/goldberg-asianip.pdf also see Center for Advanced Defence Studies, Defence Concepts Series, July 2006: "The Intellectual Property Challenge in China" at http://www. articlesbase.com/affiliate-programs-articles/intellectual-propertyprotection-in-china-76016.html (Last visited on 29 June 2010)
- "Intellectual Asset Management, Protecting Intellectual Property in China," Chemical Week, January 18, 2006, pp 21-23.
- John R. Allison & Lianlian Lin, "The Evolution of Chinese Attitudes toward Property Rights Invention and Discovery," 20 U. Pa. J. Int'l Econ. L. 735, 742 (1999), obtainable from international.westlaw.com.
- Joseph Needham, "Science and China's Influence on the World, in the Legacy of China," 234 (Raymond Dawson ed., 1971); Robert K. G. Temple, "The Genius of China: 3,000 Years of Science, Discovery, and Invention" (1986).
- Hamideh Ramjerdi & Anthony D'Amato, "The Intellectual Property Rights Laws of The People's Republic of China," 21 N.C. J. Int'l L. & Com. Reg. 169, 172 (1995), obtainable from international.westlaw.com (Last visited on 29 June 2010).
- "Trade Sanctions and the Rule of Law: Lessons from China, 1 Stan. J. E. Asian Aff. 46, 51 (2001), Baum, Charles, see http://www.stanford.edu/group/sjeaa/journal1/china4.pdf (Last visited on 29 June 2010).
- "Intellectual Property in the Global Trading System," Springer Berlin Heidelberg Publishers, ISBN 978-3-540-777366 (Chapter 4—"Intellectual Property in the Global Trading System EU-China Perspective" by Wei Shi" to be found at http:// www.springerlink.com/content/x6270086vv122167/ (Last visited on 12 June 2010).
- Taiwan NCCU University in an article in Intellectual Asset Management, October/November 2008 "Inside the IP Markets of North Asia," Director Paul Lui.
- North Carolina Journal of International Law and Commercial Regulation, Fall 2006, "Cultural Perplexity In Intellectual Property: Is Stealing A Look An Elegant Offense?" By Wei Shi (PhD Candidate, St. John's College, University of Cambridge; Fellow of Cambridge Overseas Society, University of Cambridge; Visiting Fellow of Lauterpacht Centre for International Law, University of Cambridge. to be found at http://law.upd.edu.ph/ internet_society/session%205/Shi,%20Cultural%20Perplexity,%20 Intellectual%20Property,%20Book%202006.doc (Last visited on 29 June 2010).
- Which is seen to be one of China's greatest shortcomings as a trading partner, see "Intellectual Property Challenges for U.S. Companies operating in China," Intellectual Property Today, Dec. 2006, By AE Bates.
- Westlaw.com website, "Stop Relying on Uncle Sam!—A Proactive Approach to Copyright Protection in the People's Republic of China," 6 Tex. Intell. Prop. L.J. by Eric M. Griffin, 169, 182 (1998) to be found at http://international.westlaw.com (Last visited on 29 June 2010).
- "Agreement on Trade-Related Aspects of Intellectual Property Rights," Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C,Legal Instruments-Results of the Uruguay Round, 33 I.L.M. 81 (1994).
- See TRIPS.
- Robert Weatherley, "The Discourse of Human Rights in China: Historical and Ideological Perspectives" (examining the relationship between private individual rights and the superiority of collective interests under the Marxist ideology), New York and London: St. Martin's Press, 1999. ix, 185 pp. ISBN 0-31222281-5, pp 93, 104.
- Scott J. Palmer, "An Identity Crisis: Regime Legitimacy and the Politics of Intellectual Property Rights in China," 8 Ind. J. Global Le. Stud. 449, 456 (2001).
- See Frederick M. Abbott, "The WTO TRIPs Agreement and Global Economic Development," in Public Policy and Global Technological Integration 3, 4-12 (1997).
- China Daily, Nov. 10, 1997 Issue, "China: Laws Being Promulgated to Protect IPR," available at 1997 WL 13647865 to be viewed at http://article1.chinalawinfo.com/article/user/article_display.asp?ArticleID=20014#m26 (Last visited on 1 July 2010).
- Managing Intellectual Property, "China gets ready for National IP Strategy"—Peter Ollier, Hong Kong to be found at http://www.managingip.com/Article/1853384/China-gets-readyfor-National-IP-Strategy (Last visited on 29 June 2010).
- Kleyn, Martha Magdalena, "Intellectual property strategy: a comparative business perspective considering China, Japan, USA and certain European jurisdictions," PhD, UCT, Dec 2010, Chapter II.
- In an effort to promote a safe and responsible digital world, BSA has developed global educational programmes for elementary and higher education students that emphasize the importance of being good cyber citizens and respecting the intellectual property of copyrighted works. These programmes also encourage students to use only legal software and to understand the impact of software theft, see http://www.thefreelibrary.com/BSA+Commemorates+World+Intellectual+Proper ty+Day%3B+Organization+Joins...-a0131882848 (Last visited on 1 July 2010).
- See as a reference Khaleej Times Online, "Can China's IP System Cope with the Rise in Patent Applications?" 16 January 2009 , to be viewed at http://www.khaleejtimes.com/ DisplayArticleNew.asp?section=marketing&xfile=data/marketing/2009/january/marketing_january18.xml (Last visited on 29 June 2010).
- Leading to the Olympic Games in 2008, Chanel, Prada and three other luxury goods companies have won China's first copyright verdict against Silk Market shopping mall landlord indicating that China is a responsible member of the international business community that follows global norms. (See http://www. asialaw.com/Article/1989377/Channel/16712/Big-brands-takeon-counterfeits-in-China.html) (Last visited on 29 June 2010).
- In 2006 to fully exhibit the intellectual property right protection achievements of China in 2006 coinciding with China's "National IPR Week 2007" and "China High-level Forum on Intellectual Property Rights Protection 2007," the top ten IPR Protection Events in China were announced, see http://www. china.org.cn/china/national/2007-04/19/content_1207992.htm
(Last visited on 30 June 2010). - "Role of IP System in China's Social and Economic Development," Tian Lipu State Intellectual Property Office of China, April 2008, to be viewed at http://www.lrpv.lv/dl/pdf/Conference_Lipu.pdf (Last visited on 29 June 2010).
- http://tvnz.co.nz/technology-news/china-lead-in-patentsworldwide-2372113.
- China has accepted the World Trade Organisation's TRIPS (trade related aspects of intellectual property rights) agreement—see http://www.wto.org/english/tratop_e/trips_e/trips_e. htm (Last visited on 1 July 2010).
- See Congressional Research Service, China-U.S. Trade Issues 12 (July 1, 2005) (stating that counterfeit goods are estimated to account for approximately 8 percent of China's GDP); see also Press Release, European Commission, EU Strategy to Enforce Intellectual Property Rights in Third Countries-Facts and Figures (Nov. 10, 2004), to be found at http://www.trade. ec.europa.eu/doclib/docs/2004/november/tradoc_119898.pdf
(Last visited on 1 July 2010). - See Robert Marquand, "China's Pirate Industry Thriving," Christian Science Monitor, Jan. 9, 2002, at 6. According to the Report of China State Counsel Development Research Centre, the estimated market value of counterfeit goods made in China was from $19 billion to $24 billion in 2001, which could well be a conservative figure. To be viewed at http://www.highbeam. com/doc/1G1-95940444.html (Last visited on 1 July 2010).
- "China Retaliating for WTO Complaint by Withholding Cooperation on Copyright Protection," By Daniel Schearf, Beijing 24 October 2007 to be viewed at http://www.voanews.com/ english/archive/2007-10/2007-10-24-voa9.cfm (Last visited on 1 July 2010).
- Supra Shi.
- Supra Bell, note 245.
- Start-up ventures in late 19th century and early 20th century in Japan became industrial giants and pillars of the Japanese economy—Toyota, Matsushita, Sony and Honda—thanks to the patented inventions of their founders— "Hiramitsu Arai, Intellectual Property Policies for the Twentieth Century: the Japanese Experience in Wealth Creation, 1999" In "Intellectual Property: Source of innovation, creativity, growth and progress," ICC-BASCAP, 2005.
- Intellectual Asset Management, October/November 2008 issue, "Inside the IP markets of North Asia," by Sachin Desia, pp. 57-62.
- Supra Shi
- The Journal of Asian Studies, Vol. 42, No. 4 (Aug., 1983), "Why Has Japan "Succeeded?" Western Technology and the Japanese Ethos," by Michio Morishima, pp. 966-967.
- See The Paris Convention for the Protection of Industrial Property, July 14, 1967, 21 U.S.T. 1583; Berne Convention for the Protection of Literary and Artistic Works, Sept. 9, 1886, 25 U.S.T. 1341, 828 U.N.T.S. 211 (last revised at Paris, July 24, 1971).
- "The Future of Intellectual Property Law: Japanese and European Perspectives Compared 1 (Working Papers of Oxford IP Research Centre, Working Paper No. 09/99)," by David Vaver, to be found at http://www.oiprc.ox.ac.uk/EJWP0999.pdf (Last visited on 1 July 2010).
- Supra Vaver: "For example, in Japan an employer can be called the author of a work that is made by an employee on the job. In Europe, this would be rare: the employer will, as in Japan, usually own the copyright but the status of author is reserved to the human being who actually makes the work, not the entity which pays for the creation. The European rule may stem from a Romantic view of what it means to be an author or artist. This view emphasizes the individual, rather than the organization to which he belongs. The Japanese rule emphasizes the importance of the organization and teamwork, rather than the individual."
- "Selected Aspects of Enforcement of Intellectual Property Rights in Japan and Vietnam—A comparative study with respect to TRIPS standards of enforcement" by Viet D. Phan, to be viewed at http://www.iip.or.jp/e/summary/pdf/detail2002/ e14_15.pdf (Last visited on 1 Jul 2010).
- Richard E. Vaughan, "Defining Terms in the Intellectual Property Protection Debate: Are the North and South Arguing Past Each Other When We Say 'Property'?" A Lockean, "Confucian, and Islamic Comparison," 2 ILSA J. Int'l & Comp. L. 307, 316 (1996).
- Supra Takanake.
- Negotiations Committee Original: English JAPAN Statement, "Multilateral Trade Mtn.Tnc/40/St/20 Negotiations," 20 January 1994 Special Distribution The Uruguay Round (UR-94-0022) Trade by H.E. Mr. Nobutoshi Akao Ambassador to be found at http://www.wto.org/gatt_docs/english/sulpdf/92150145.pdf (Last visited on 1 July 2010).
- "Intellectual Property Policy Outline," July 3, 2002, Strategic Council on Intellectual Property to be found at http:// www.kantei.go.jp/foreign/policy/titeki/kettei/020703taikou_e. html (Last visited on 1 July 2010).
- WIPO Asian Regional Forum on Intellectual Property Policy Development, Tokyo, October 5, 1998, "The Importance of Intellectual Property Policy Development for Developing Countries," Keynote Address by Mr. Takeshi Isayama Commissioner Japanese Patent Office, to be viewed at http://www.jpo.go.jp/cgi/ linke.cgi?url=/shiryou_e/toushin_e/kouenroku_e/19970910. htm (Last visited on 1 July 2010).
- Supra Desia.
- Japan patent office website, http://www.jpo.go.jp/cgi/ linke.cgi?url=/seido_e/s_gaiyou_e/4houe.htm (Last visited on 4 July 2010).
- "Selected Aspects of Enforcement of Intellectual Property Rights in Japan and Vietnam—A comparative study with respect to TRIPS standards of enforcement," by Viet D. Phan, to be viewed at http://www.iip.or.jp/e/summary/pdf/detail2002/ e14_15.pdf (Last visited on 4 July 2010).
- Supra Ludlow.
- "China & Hong Kong, recent Developments in Intellectual Property," by Cedric Lam, Janet Womg and Grace Wong, IP Value 2009, "Building and enforcing Intellectual Property value," 2009, pp.199-202.