In this infographic, IP partners Annie Tsoi and Catherine Zheng share their views on China’s Intellectual Property protection regime.
Despite the US-China trade dispute and US concerns about Intellectual Property theft, China has, in the last 40 years, made significant strides in establishing a modern IP protection regime. More recently, the Chinese Government has further improved regulations, is enhancing the judicial system and taking enforcement action. New specialist IP courts, virtual courts and a national IP Court of Appeal are evidence of progress.
While China still has much to do, foreign companies must be pragmatic. Accessing the burgeoning China market will always require some element of technology licensing or “know-how” exchange. However, China’s new foreign investment law (FIL), which becomes effective on 1 January 2020, signals a positive step forward, using language that makes forced technology transfer by administrative means a criminal offence.