Given that Chinese counterfeiting has benefits as well as costs, and considering China’s historical resistance to Western pressure, trying to push China to change its approach to intellectual property law is not worth the political and diplomatic capital the United States is spending on it.
The justification for creating temporary monopolies through patents and copyrights is that they encourage creative activity that would not otherwise take place. But Raustiala and Sprigman argue that imitation -- which music labels and movie studios often consider theft -- frequently stimulates creativity rather than discouraging it.
Raustiala has written a masterful account of the United States' centuries-long legal and political struggle over extraterritoriality.
