A Comparative Case against Criminalizing IP Infringements in the UK and China

Authors

Dennis J. Baker, De Montfort Law School
Xiaoxiao Wang, Wuhan University

Abstract

In this Article, it is argued comparatively that across the world intellectual property rights have been expanded to the point of absurdity. Beyond lengthy monopoly protections being backed up with prison sentences of up to ten years in both China and the UK, these monopolies have been extended in the UK to cover vague concepts such as publicity rights and performance rights. It is argued that due to the incredible lobbying power of Western multinational corporations, China was railroaded into enacting Western-style offenses in order to join the WTO. It is submitted that numerous economic studies have shown that intellectual property monopolies are inefficient and harm the information commons. The harm caused to consumers by inflated prices for medicines and trademarked goods has to be balanced against the right to have an intellectual property monopoly. We aim to demonstrate comparatively that criminal law is not needed to enforce anti-competitive behavior and to facilitate rentiership, and given the communitarian ideals underlying Chinese society it ought not to have enacted intellectual property offenses. Both the UK and China ought to consider repealing these offenses or at least scaling them back.

Disciplines

Antitrust and Trade Regulation | Comparative and Foreign Law | Intellectual Property Law | International Law | Law

Recommended Citation

Dennis J. Baker & Xiaoxiao Wang, A Comparative Case against Criminalizing IP Infringements in the UK and China, 6 Cardozo Int’l & Compar. L. Rev. 693 (2023).
Available at: https://larc.cardozo.yu.edu/ciclr/vol6/iss3/2