Shanzhai and Fuzhi Tensions in U.S.-Chinese Diplomacy

Paper co-author: Dr. Yue Zhang (Max Planck Institute for Comparative Public Law and International Law)

The concept of Shanzai in the Chinese tradition contemplates a playful improvement upon what exists before. It is what we see in Western markets embodied in silly t-shirts playing upon the logos of world famous brands. It is also often what we see in products infringing upon patented ones but adding a new dimension, such as in Nokir and Samsing cellphones. Shanzai has its origins in a long history of philosophical and artistic thought that could perhaps be fairly translated to "imitation is the best form of flattery." These concepts are in tension with a deep Anglo-European tradition of financially incentivizing creative development through the grant of exclusive and monopolistic rights to inventors, authors, brand-owners and artists who create "originals." This presentation and corresponding article will begin by explore these tensions.  

Next, the presentation and article will analyze a similar emerging tension in diplomatic relations concerning cultural property, heritage and exchange. It is widely believed that "art is a good ambassador" contributing to international understanding. Since the 1970 UNESCO Convention, restrictions on the trade have evolved to a significant degree. The "cultural property" field also has experienced transformation, no longer limiting itself to the international trade in antiquities but emphasizing the preservation of "cultural heritage" broadly writ, often departing from the traditional emphasis on ownership toward one of stewardship and fiduciary-type duties to future generations. The field unknowingly, like the international IP field before it, is headed toward a conflict between Western valuing of authenticity and Fuzhi, the Chinese conception of "copy." 

Further questions may be directed to: krederj1@nku.edu