China's All-Seeing Eye China's All-Seeing Eye
With the help of U.S. defense contractors, China is building the prototype for a high-tech police state. It is ready for export.
NAOMI KLEIN
Posted May 29, 2008 3:24 PM
world has never seen before. Chongqing has 12 million people and counting.
It's part of the central government's plan to bring some of China's economic
boom to its impoverished interior province where three out of four Chinese
live. Vanguard takes you on a whirlwind tour of the city---from inside a
cramped boarding house where migrant workers to inside a starter apartment
of China's new class of yuppies; from inside ancient, crumbling teahouses to
gleaming new car factories.
Call#: Van Pelt Library HS81.C5 A35 2003
Call#: Van Pelt Library East Asia JZ4841 .Q56 2004
By JOSEPH KAHN and JIM YARDLEY
BEIJING, Aug. 25 - No country in history has emerged as a major industrial power without creating a legacy of environmental damage that can take decades and big dollops of public wealth to undo.
But just as the speed and scale of China's rise as an economic power have no clear parallel in history, so its pollution problem has shattered all precedents. Environmental degradation is now so severe, with such stark domestic and international repercussions, that pollution poses not only a major long-term burden on the Chinese public but also an acute political challenge to the ruling Communist Party. And it is not clear that China can rein in its own economic juggernaut.
Public health is reeling. Pollution has made cancer China's leading cause of death, the Ministry of Health says. Ambient air pollution alone is blamed for hundreds of thousands of deaths each year. Nearly 500 million people lack access to safe drinking water.
Chinese cities often seem wrapped in a toxic gray shroud. Only 1 percent of the country's 560 million city dwellers breathe air considered safe by the European Union. Beijing is frantically searching for a magic formula, a meteorological deus ex machina, to clear its skies for the 2008 Olympics.
Environmental woes that might be considered catastrophic in some countries can seem commonplace in China: industrial cities where people rarely see the sun; children killed or sickened by lead poisoning or other types of local pollution; a coastline so swamped by algal red tides that large sections of the ocean no longer sustain marine life.
China is choking on its own success. The economy is on a historic run, posting a succession of double-digit growth rates. But the growth derives, now more than at any time in the recent past, from a staggering expansion of heavy industry and urbanization that requires colossal inputs of energy, almost all from coal, the most readily available, and dirtiest, source.
China's Chicago
Jul 26th 2007 | CHONGQING
From The Economist print edition
A giant city in the south-west is a microcosm of China's struggle to move millions from rural to urban areas
(Xinhua)
Updated: 2007-02-07 16:31
Beijing lacks 400,000 parking spaces, Zhao Fengtong, vice mayor of the Beijing Municipal government, said on Thursday.
With car ownership rocketing to the current figure of more than two million cars, not to mention more than 300,000 more cars annually, Beijing is struggling to keep up.
Besides building more underground parking lots and parking buildings, Beijing should create an internet parking information system showing all the available public parking spaces, suggested Li Xun, deputy director of China Academy of Urban Planning and Design.
Beijing announced earlier last year that 26 free or low-cost large-scale parking lots will be built near subway and bus stops to encourage drivers to use public transport in downtown Beijing.
Traffic problems topped this year's list of suggestions from representatives of the municipal people's congress. Traffic has been the number one issue for the last five years, said officials of the municipal people's congress.
npr weeklong series
Shanghai Builds for the Future
China is now undergoing one of the most massive urbanization in human history, and nowhere is that more evident than in cosmopolitan Shanghai. The city's population is now almost 18 million, and is forecast to rise to 25 million by 2020. This series looks at how the city is preparing for its futureWorld View Podcast
Summary: A transcript of Calvin Sims interviewing Times Hong Kong bureau chief Keith Bradsher about China's new love affair with cars.
Sims: Gives us some background, if you will, Keith. China is typically known as a country where you had just millions and millions of bicycle people. Probably that's the image they have when they see photos of Chinese, especially in big cities. What has been fueling this growth in car usage in the last couple of years?
After giving this overview, which shows how often the United States has tried to influence the IPR regimes of the four BRIC countries, the article delves into a section entitled, “Coercion as an Ineffective Strategy in Promoting Intellectual Property Protection in the BRIC Countries.” This section is long and detailed with many examples of statistics showing how the United States has not achieved its goals through means of coercion. The article explicitly gives statistics for each country. The culmination of this large number of statistics is to show that not only does coercion not necessarily work, it can often be detrimental to the original goal. Examples of poor results are given for China and India.
The final section of this article argues that unilateral initiatives are an understudied method of strengthening IPR regimes in the BRIC countries. Unilateral initiatives are defined as “a voluntary conciliatory action presented by one party to the benefit of the other.” Examples of unilateral initiatives that have been successful are then given.
This article is plainly written with an obvious objective: to endorse unilateral initiatives as opposed to coercion as a way of reforming IPR in the BRIC countries. This method of change is supportive of a gradual change in the IPR regime in China as it does not expect immediate results and therefore, presents an effective means of carrying through with the project's thesis, which is always an important consideration when proposing an argument.
The article then, instead of suggesting that businesses should fight for stronger legal means of IPR protection, assumes that businesses still want to enter the Chinese market and, hence, explains ways for businesses to combat piracy through their own means. Ten strategies are listed including the Budweiser strategy (technical solutions), the partnership strategy (contractual surveillance), the Coca-Cola strategy (narrowing price gaps), the Microsoft strategy (monitoring and private-eye), the commercial settlement strategy, the acquiring strategy, the DuPont strategy (reapplication), the MU strategy (communicating with aggrieved firms), the government hand strategy, and consumer campaigns.
Although this article presents an extremely biased look at intellectual property rights and does little to provide insight into causes or reasons for strong or weak IPR’s, it presents a very important statement just by its existence. This important point is that large multinational corporations have both the incentive and the means to enter the Chinese market despite a relatively weak IPR regime. This indicates that a weak IPR regime is not necessarily detrimental to foreign investment and therefore a gradual implementation of international IPR standards is feasible.
The article poses an initial answer to these questions by citing empirical studies that suggest developing countries develop best with weak IPR regimes and that only as these countries become more developed should they enforce stricter regimes. Examples of countries that have enacted stronger IPR regimes as their economies developed are East Asian counties including Korea, Japan, and Taiwan, and notably the United States. Yet, what the empirical evidence lacks, according to this article, is a timetable for deciding when a country is developed enough to implement a strong IPR regime. To understand the situation further, the article turns to a study of Microsoft software in China.
In this study, the article first gives an overview explaining how prevalent piracy is in China. The article then shows that despite this piracy, Microsoft has entered the Chinese market with great difficulties. Piracy of Microsoft products subsequently increased and contrary to logic, this led Microsoft to further invest in China in an attempt to promote legal usage of Microsoft products. This further investment was presumably because Microsoft sees China as the largest potential market in the world.
This study then shows that, contrary to some scholars’ beliefs, a weak IPR regime can lead to an increased investment in developing countries. However, this is counterbalanced by the belief that an investment of high-tech products does not allow the developing country to discover its own technologies/products/ideas.
This article, although slightly redundant with other sources, is crucial to backing the project's thesis that developing countries and especially China are best advised to take a gradual approach to implementing strong IPR regimes. The article also fully supports the argument that China is best suited to a gradual increase in its IPR protection in that the article presents a case study showing that foreign investment in China will still occur despite its weaker IPR protection than developed nations.
Daniel Chow chose to focus exclusively on counterfeiting, which is a subset of IPR violations. Counterfeiting can infringe on both copyrighted material and patented material but necessarily violates trademark law. Therefore, counterfeiting is an extremely important subject matter for IPR studies. In his article, Chow leads the reader through the different stages of enforcement for counterfeit goods. He starts with the process of seizing and confiscating goods and paraphernalia and proceeds to describe the process and result of fines against offenders. He then poses reasons for why these fines are inadequate; for example, monetary values are based on the price of the counterfeit goods, not the price of the brand products.
Next, Chow explains how criminal liability is enacted in Chinese law, and discusses the problems, such as the burden of proof lying upon the prosecutors and not the counterfeiter. For example, to prove criminal liability the prosecutor must show that the counterfeiter made profits of at least $6000. This is extremely difficult because illegal businesses don’t keep legitimate records, and therefore criminal liability would be nearly impossible to prove. Chow follows by exploring whether manufacturers, distributors, or landlords of retailers are prosecuted most and who should be targeted more. Chow then discusses how civil action works in China. Finally, he presents some problems for future enforcement against counterfeiting.
This article contains a large amount of useful information and is presented in a very methodical and simple manner. The information is useful because it demonstrates from an empirical and not theoretical perspective how IPR enforcement works in China. This becomes important for the project's thesis when one considers the practical nature of taking any approach other than a gradual increase in IPR protection.
Yet, despite the lack of in-depth analysis provided, this article hints at some of the basic themes of more insightful works. Examples of these are that China has historical traditions that impede its compliance with international standards of intellectual copyright protection and that China has too many administrative bureaucracies to effectively enforce IPR. The article also presents an interesting view that unfortunately has no support: an assertion that because China has joined the WTO, its institutions will adapt in a positive manner.
The statistics in this article include the numbers of criminal prosecutions in China for IPR infringement and estimates of the amount of money lost by US businesses because of piracy. Also, there is a comparison over time of changes in these statistics. These numbers, although vague, can be used to present a case with nearly any goal in mind and, therefore, are valuable in research about IPR in China.
The last important aspect of this article is that it places China in the context of the larger developing world. It points out that China represents the single largest market (in numbers of people) in the world, and because it is considered to have a developing economy, China plays a large role in determining the stance of other developing economies. This is an important message and illuminates the significance of understanding the IPR situation in China and, therefore, the significance of China taking a gradual approach to strengthening its IPRs in a broader, global sense.
Call#: Van Pelt Library KNQ1155 .K659 2005
This book, a collection of essays by the scholar, Kong Qingjiang, is among the most comprehensive and up-to-date sources available on IPR in China. In this book, Qingjiang takes his work over past years and compiles it into an organized fashion. Because of the nature of this compilation, there is some overlap among the essays in concepts, facts, and ideas. Nevertheless, the book provides more information about IPRs in China than most other books written to this date.
Because this book is a collection of essays written over a period of time, there is no single unifying thesis to the work. However, it can be said that Qingjiang is very optimistic about China’s IPR future in regards to meeting international standards. On a very basic level, all of the essays suggest that China is making a great deal of progress and that strengthening its IPR regime is a good thing, although it should be undertaken in a gradual manner.
Specific topics that Qingjiang’s essays focus on are a brief history of recent developments in Chinese IPR regime; an overview of China’s current stance on IPRs, domestically and foreign; judicial enforcement of IPRs; problems in China’s IPR regime posed by the digital era; a discussion of how China is handling the balancing of competition policies and IPRs; China’s strategy for the future of its IPRs; China’s place in the WTO; China’s role in TRIPS and the Doha Agenda; whether China is or can enforce international standards of intellectual property protection; how China’s IPR regime effects Sino-US relations; and lastly, how China’s IPR regime effect Sino-Japanese relations.
The bulk of these essays use case studies to exemplify their individual assertions although some essays use more statistics than case-studies. As a result of the numerous essays, this book provides more information specific to China than any other book. The book is important for any assessment of IPRs in China and helps to accentuate the argument that China is best suited by a gradual change toward meeting international standards of IPR. This thesis is supported by Qingjiang in different essays throughout, and so is a useful tool in providing a scholarly grounding to the thesis of this project.
Call#: Van Pelt Library K1401 .I568 2000
The essay on IPRs in China is simply written and easy to understand. The author, Mark Groombridge, begins with a discussion of the history of intellectual property rights (IPRs) in China and the prevailing attitudes toward IPRs in China. Groombridge attempts to describe reasons why the Confuciust and Communist past of China leads to the current situation of less than rigorous IPRs in China. This historical introduction is largely based on anecdotal evidence taken from quotes in Chinese historical texts and other scholars’ works. The next part of the essay gives a brief overview of the current state of IPRs in China with an emphasis on “Legal Barriers to Strengthening IPR Protection in the PRC.”
Groombridge presents these barriers in a clear manner and does a good job making the concepts understandable. The evidence discussing legal barriers uses numerous statistics although these are mostly anecdotal. The essay finishes with a few suggestions for strengthening IPR protection in China.
Overall this is a short easily read essay. The author argues that China has a history of bad IPR protection but is making considerable progress, and through methods he suggests, China may approach Western nations in the strength of their IPR regimes. The relevance to the project's thesis is apparent in that these essays suggest China is already undertaking a gradual increase in their IPR protection and there has been a subsequent growth in the Chinese economy.
Call#: Van Pelt Library K1401 .I5528 2005
The essay discusses the growth of China’s economy through an economic analysis of intellectual property rights and how they affect business and investment. The first half of the essay presents the standard economic theory for strengthening intellectual property rights in developing economies and reviews the benefits derived from strict enforcement of intellectual property rights. However, this review is balanced by a discussion of reasons why the government of a developing economy would not want to enact strict enforcement of IPRs.
The second half of the essay deals specifically with China. The authors, Maskus, Dougherty, and Mertha use three sections to prove that China is making significant progress in strengthening IPR enforcement, but the point out that China also has a number of problems that must be addressed before it can reach an acceptable state of IPR protection. The first of these sections is a discussion of interviews held with lawyers, scholars, businessmen, and policy makers in China. The next section evaluates statistics on trademarks and patents in China. The final section looks at “data on technology development and inputs, along with some estimated effects on Chinese industrial productivity.” The authors conclude that
"Overall, our analysis suggests that the IPR situation for invention and innovation is improving in China but that there are still significant problems associated with inadequate enforcement, regional income differences, insufficient incentives for commercialization of the results of R&D, and relatively low levels of research effort."
This essay is extremely helpful in determining the state of IPRs in China through the lens of economics although it presents the material in a way that is biased toward the assumption that all developing economies should have strong IPRs. Therefore, this book comprises an important opposition to the thesis of gradual improvement in China's IPRs but provides valuable reasons why a developing country would want a weaker IPR regime, which hence supports the assertion for China’s gradual development.
Call#: Van Pelt Library KNQ1155 .M47 2005
This book is essential for any study of intellectual property rights or copyright in modern China. Because it is one of few books devoted entirely to this subject, The Politics of Piracy provides the reader with an indispensable source of information and a unique thesis on the problem of piracy in the People’s Republic of China. The book’s thesis is as follows: “The direction of external pressure and the characteristics of the institutions it is designed to change are crucial to understanding the effects of foreign pressure on policy enforcement outcomes.”
As can be seen by this sentence, which merely states Mertha’s hypothesis, the book can, at times, be difficult to read. The writing does not flow as smoothly as it could but this reflects some of the harder concepts that Mertha tries to tackle. To defend his thesis, Mertha mainly uses empirical case studies as opposed to broad statistical evidence, presumably because statistical evidence on piracy in China is fraught with a great deal of unreliability.
One of the best aspects of this book is that it devotes an entire chapter to each type of intellectual property: patents, copyrights, and trademarks. Because most books on IPRs deal with multiple developing economies, they tend to lump all IPRs together. This book treats each IPR as its own entity and explores their problems and possible solutions with the attention they require.
It must be stated that this book treats IPRs in China from an obvious etic perspective and argues that most reform in China’s IPR protection comes from foreign, usually United States, pressure. Mertha believes that this is a good and effective method for bringing China’s IPR standards into compliance with Western standards. However, one of the strengths of Mertha’s book, the penultimate chapter, discusses problems with his thesis and his approach to the subject. As a consequence, this book is very valuable to the topic of intellectual property rights in China despite its sometimes difficult prose.
The value of this book in relation to my thesis is that the book illustrates one aspect of the relationship between China and the US. This book shows that by pressuring China, the U


