Alford: Piracy Pact No China Policy

Source: wsj.com

TL;DR

The story at a glance

William P. Alford, a Harvard law professor expert on Chinese legal history, critiques the June 1996 US-China intellectual property agreement in a Wall Street Journal opinion piece. The deal followed US threats of $2 billion in sanctions and required China to close pirate CD factories, boost enforcement raids, and ease market access for US firms. It is reported now amid brinkmanship talks to avert trade war, building on a vague 1995 memorandum that failed to curb rampant software, music, and film piracy.

Key points

Details and context

Alford's piece responds to the pact's announcement, portraying it as a tactical win for US Trade Representative Charlene Barshefsky but insufficient for broader strategy. China faced pressure after missing 1995 goals like better trademark protection and police raid powers, which clashed with its laws limiting unregistered mark coverage and court rules on seizures. The 1995 action plan promised enforcement but yielded short-term retail cleanups without hitting production roots, like the 35 southern CD factories outputting millions of pirated US works yearly.[[2]](https://www.wangandwang.com/news-articles/articles/the-1996-sino)

US leverage stemmed from Section 301 reviews, tying China's market access to IP progress amid Clinton's engagement policy. Yet Alford highlights inconsistencies, such as Washington's hesitancy on nuclear nonproliferation enforcement against China. Post-pact, China closed plants under monitoring but details stayed vague; border controls lagged without shared databases or port filings.[[2]](https://www.wangandwang.com/news-articles/articles/the-1996-sino)

Key quotes

"These measures echo last year's U.S.-China intellectual property agreement."[[1]](https://www.wsj.com/articles/SB837556359736582500) — William P. Alford, on the 1996 deal's similarity to prior efforts.

"A good argument might be made, however, that the intellectual property agreements come on the heels of Washington's hesitancy earlier this year to enforce our own nuclear nonproliferation laws in dealings with Beijing."[[1]](https://www.wsj.com/articles/SB837556359736582500) — William P. Alford.

Why it matters

A narrow focus on piracy risks sidelining US inconsistencies and China's structural enforcement hurdles, complicating bilateral ties. Businesses face ongoing losses from unproven plant closures and weak local compliance, while investors weigh trade access against IP risks. Watch annual USTR reviews and any new sanctions threats, though repeated pacts may erode US credibility.