How Theory Does - and Does Not - Matter: American Approaches to Intellectual Property Law in East Asia

Abstract

HOW THEORY DOES-AND DOES NOT- MATTER: AMERICAN APPROACHES TO INTELLECTUAL PROPERTY LAW IN EAST ASIA William P. Alfordt I. INTRODUCTION Less than a decade ago, most observers would have thought it odd to convene a multi-day international conference in order to examine intellectual property protection in East Asia. East Asia, so the conventional way of such wisdom went, provided precious little in the way of such protection, while the field of intellectual property generally, many thought, was hardly one of the more dynamic in legal academe. Today, few would doubt the value of drawing together the impressive array of scholars that Charles McManis and William Jones have brought to the Washington University School of Law to consider intellectual property protection in East Asia. Indeed, I suspect that many observers would share my conviction that it would be difficult now to do justice to this complex topic absent an assemblage of the type gathered here-comprised of scholars trained in law, economics, political science, sociology, interna- tional relations, literature, and East Asian Studies and represent- ing such jurisdictions as China, Japan, Korea, Taiwan, and the United States. It is, therefore, a distinct privilege to have been asked to de- liver this keynote address to so accomplished a group, including, as it does, many scholars whose knowledge, experience, and wis- dom far exceed my own. t Henry L. Stimson Professor of Law and Director of East Asian Legal Stud- ies, Harvard Law School. I wish to dedicate this essay to two scholars whose exam- ples have exerted a powerful influence on my life and that of many others-the late Professor Melville Nimmer of UCLA and Professor William Jones of Washington University. Each has blended academic excellence and humaneness in ways that we would all do well to emulate.