Weak Enforcement of Intellectual Property Rights in China: integrating political, cultural and structural explanations

Abstract

The discrepancy between de jure and de facto protection of intellectual property rights in China remains a heatedly debated topic. Unfortunately, political motivations have distorted the debate from its very beginning, which has not only resulted in a tendency for the different explanations to be played off against each other, but has also reinforced their specific flaws and biases. This study addresses these problems by advancing and integrating the three main explanatory frameworks for explaining the situation. The resulting integrated framework finds that structural factors such as bureaucratic fragmentation and political decentralization matter most in practical terms, but their durability cannot be understood without putting them into context. The findings also suggest that, contrary to most predictions, the future development of intellectual property protection in China might not follow the path laid down by other countries that have modernized in the past.