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by ImPostingOnHN 1002 days ago
> I'm not sure what you are trying to argue.

I'm not arguing anything, I'm asking you a simple question. I'm not sure why you are trying to avoid answering. Here is that question again, I highlighted it below:

Suppose we have 2 different IP owners. 1 has their IP ignored by China and copied, and the other has their IP "considered a different standard/not recognized" by China and copied.

---> _What differences do the two IP owners experience?_ <---

You are trying to argue that "not recognizing" IP and thus ignoring it, or "having different standards for IP" that lets you ignore it, is somehow different from just ignoring it. You have not explained how that makes a difference in outcome. Why should business owners care what excuse is given for ignoring IP? If it wasn't one excuse, it would be another, and ignored is ignored.

1 comments

The difference between the two cases you outlined is that if a US business has its IP copied by a Chinese business and that IP is recognized in China then the US company can sue the Chinese company in China for damages resulting from infringement.

If there is no mutual recognition then the US business must sue in the US, and the judgement may not be recognized in China, making it difficult for the US business to collect.

The other difference is that if IP is recognized in both the US and China as a matter of treaty (like the WTO or Berne Convention) and a Chinese company copies the IP of a US company then the US can sue China in the WTO to enforce compliance.