china law
Lehmanlaw

Counterfeiting is a serious problem in China. Does Chinese law sufficiently protect the interest of intellectual property owners?

On paper, protection of intellectual property rights in China is almost at international standards. Knowledge and recognition about the importance of intellectual property rights, a relatively new idea in China, is growing. Chinese authorities and businesses have already realized that having a system of intellectual property protection in place not only benefits foreign investment but also domestic companies. This is witnessed both in the courtroom and in the classroom. Various intellectual property cases have already been settled in court, in favor of the right holder, for example "cybersquatting" -- or Internet domain name "stealing" - and copyright of digital materials. Additionally, the top law schools in China now offer courses on intellectual property law.

China is a signatory to the most important international intellectual property agreements and has implemented relevant legislation, most prominently on trademark, patent and copyright laws, and regulations on software protection. In recent months, amendments to the patent law, trademark law and software registration regulations have been made in anticipation of China's WTO accession, which requires compliance with TRIPs, the Agreement on Trade-Related Aspects of Intellectual Property.

Moreover, a draft of a new Copyright Law is under discussion and will probably be passed this summer.