ABSTRACT

Intellectual Property Violations and China: Legal Remedies [September 17, 2020]   [open pdf - 2MB]

From the Document: "[T]he United States continues to raise concerns about IP [intellectual property] theft by Chinese entities, including recent criminal allegations of Chinese state-sponsored hacking of COVID-19 [coronavirus disease 2019] vaccine research. [...] This report seeks to place these developments into a broader legal context by reviewing the various legal options available to address IP violations by Chinese entities. First, it describes various forms that 'IP theft' by Chinese entities may take, depending on the form of IP at issue (e.g., patents, copyrights, trademarks, or trade secrets) and the nature of the violation. These distinctions are significant because the remedies available to the U.S. government and individual rights holders will depend on the nature and circumstances of the IP violations. Second, the report reviews the scope and requirements of the legal remedies available under U.S. and international laws. These remedies fall into two broad categories: (1) remedies for systemic IP violations, which are initiated by the U.S. executive branch to target widespread IP violations by foreign actors by relying on trade or international law; and (2) remedies for individual IP violations, which seek to redress discrete IP violations by particular entities by relying on domestic civil, administrative, and criminal processes."

Report Number:
CRS Report for Congress, R46532
Author:
Publisher:
Date:
2020-09-17
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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