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The Luxury Economy and Intellectual PropertyCritical Reflections$
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Haochen Sun, Barton Beebe, and Madhavi Sunder

Print publication date: 2015

Print ISBN-13: 9780199335701

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780199335701.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 October 2021

Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China

Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China

Chapter:
(p.203) 10 Shanzhai, Sumptuary Law, and Intellectual Property Law in Contemporary China
Source:
The Luxury Economy and Intellectual Property
Author(s):

Barton Beebe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199335701.003.0010

This chapter examines three related phenomena in contemporary China. The first is the Chinese central government's recent revival of direct, top-down sumptuary law. The purpose of such laws in China, as elsewhere, was two-fold: first, to prevent wasteful competitive consumption that might drain the nation's resources and through its extravagance incite social unrest; and second, to preserve the integrity of the society's sumptuary code, its system of consumption-based social differentiation. The second, more grassroots development is the rapid and widespread emergence in the past decade of “shanzhai,” the term given to a wide array of sometimes licit but usually illicit copying and appropriationist practices in China. The third recent development is the increasing number and effectiveness of intellectual property lawsuits and administrative enforcement actions brought by foreign luxury goods producers against Chinese defendants.

Keywords:   sumptuary law, consumption, shanzhai, intellectual property lawsuits, luxury goods

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