Does Enforcement of Intellectual Property Rights Matter in China ...

the early years of the Republic. There are two reasons to choose this instrument: first, England is
generally regarded as the country where copyright law (Stature of Anne, 1710) and patent law
(Stature of Monopolies, 1623) were originated. Second, the British modeled the local administrative
and legal systems in the concessions to that in England, and there was evidence of their involvement
in IP protection in China and enforcement activity by the local Chinese officials, as early as 1902. 14
We also recognize the importance of the educational institutions in instilling Western values
among Chinese people. This is especially true for colleges sponsored by Christian churches, since
Christian value includes the respect for private properties, e.g., the Commandments in Exodus. Thus,
we choose as our second instrument, the number of colleges in a province founded by Christian
missionaries (they include American, British, Canadian, Norwegian, and South American, etc.) by
1920 (Stauffer, Wong and Tewksbury, 1922). Well-known examples include St. John’s University,
founded by the American Episcopal Church, and Soochow University, founded by the American
Methodist Missionaries.
These two instruments help explain local IP rights enforcement, as exposure to Western
institutions and Christian values may plant the seed of enforcing IP protection in these provinces.
The instruments are obtained from information predating the modern period, about a hundred years
14 For example, in 1902, Article 7 of the “Amendment to the Anglo-Sino Trade and Navigation Treaty” stated:
“England will protect Chinese merchants’ trademark, from imitation by British citizens. Thus, Chinese should
accord the same protection to British merchants against violation by Chinese citizens.” In 1907, the British
Counsel in Shanghai demanded the Chinese authority to prohibit Chinese merchants from violating British
trademarks. In April of the same year, in response to repeated requests by British merchants and counsel, the
local officials announced, “We find evidence of unscrupulous persons using British trade names for local
tobacco products. They are instructed to post 1,000 notices admitting responsibility in counterfeiting the
tobacco product. After this, repeated offenders will be severely punished, there will be no leniency.” (Source:
The Anglo American Tobacco Company business activity in China, volume 2, China Publishing House,
Beijing, 1983).
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