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IPR Protection in China. Not A Contradiction in Terms.

Despite many (often emotional and unsupported claims) to the contrary IPR enforcement in China does happen – even for foreign companies. Granted, the threat of IPR abuse is real (and is consistently one of the top challenges reported by businesses in China) but, despite developmental challenges [1], the situation is improving – and the courts are playing a positive role.

Dan Harris at China Law Blog [2]notes:

So the track record is not quite as bad as some might think. Recent successful cases (reported on by China Law Blog) include:

And the legal environment is not standing still. In addition to a Supreme People’s Court announcement that “copyright and patent law violators would face longer jail terms and higher fines” another China Daily article notes:

It seems clear (not only to the editors of China Daily, who seem keen to get the message out) that the Chinese government is taking the issue of IPR enforcement seriously, and that they want to get it under control. While foreign companies are among the beneficiaries of this policy, it is unlikely their lobbying has caused it. As I have reported before, it is more likely to tie in with the (rather unwieldy) “innovatisation” of the economy [6]– and the provision of a secure environment in which Chinese companies can develop their own brands and technologies.

See news sources: