China Needs More Lawyers. Hallelujah. Hallelujah
The Red Kemp Blog has a post up that is music to every lawyer's ears. The Post is entitled, "China Needs More Intellectual Property Rights Experts" and it essentially says China needs more lawyers, or at least that is how I read it.
The post discusses how at a recent forum on "Intellectual Property Rights in Higher Education, Professor Zheng Shengli, dean of the IPR school of Peking University, made the claim that by the year 2010 China will need between 55,000 to 60,000 IPR [intellectual property rights] experts. Professor Zheng called China's universities to produce graduates to meet this demand. Professor Zheng used the following statistics to justify his call for lawyering up:
There were 3.284 million scientific personnel nationwide in 2004, and correspondingly at least 32,800 IPR professionals were needed, he said However, only about 3,000 IPR professionals had been turned out by universities over the past 10 or more years because universities have been slow to teach the subject, Zheng said.
This shortage of IPR professionals "'will hamper the development of IPR protection, which will consequently slow down the progress in scientific and other related research areas,' said Xie Xiaoyong, development director of Research and Development Center of the State Intellectual Property Office," which helped organized the forum.
Red Kemp goes on to pose a question I am dying to answer:
If anyone knows about quality the quality of Chinese Law schools in this regard I would be interested to hear it. Am I the only one who thinks that more IPR professionals doesn’t necessarily equal better protection or enforcement?
My answer, based on my own experience with Chinese lawyers is that the quality of lawyers produced by China’s law schools is pretty good. But even if it were not, the reality is that the more lawyers there are, the more the law tends to get enforced. This is true of IP law as much as any other. The an old adage is that if there is one lawyer in town, the lawyer will starve, but if there are two lawyers, both will prosper.
If there were a couple thousand more IP lawyers in China you can bet they would be looking around to see what they could do and they would be pushing for increased protection of IPR, prosecuting IP violations, and drafting contracts to protect IP.
And would this not be just grand for everybody?

Comments (10)
Read through and enter the discussion by using the form at the endStephen Allard - October 30, 2007 4:23 PM
As a newly arrived Product Designer to Shanghai, this is indeed good news.
With the continuing focus on the creation of a consumer economy in China, more Chinese will be the targets of new products. This means more new IP.
However, the biggest challenge is the reform and education of the manufacturers to abide by any new legislation. The big guys are easy and lead the way with ISO certification and its inherant disciplines. Its the millions of SMEs that need schooling and increased "appreciation" for how the law when it reaches them, can damage prosperity if not followed.
This is the source of 80% of IP violation and is why the knock-off industry in China literally is bigger in RMB volume than that of th legitimate branded goods.
So if you new lawyers thought you'd be wearing Armani to your new client in Huzhou or Yiwu, think again...
Nonin Stone - October 30, 2007 6:35 PM
Dan noted:This shortage of IPR professionals "'will hamper the development of IPR protection, which will consequently slow down the progress in scientific and other related research areas,' said Xie Xiaoyong, development director of Research and Development Center of the State Intellectual Property Office," which helped organized the forum.
Absolutely. I agree. Simple free market principles at work here. Without protection for ownership of private property, efforts at innovation go unrewarded and development suffers.
Further, a greater number of active IPR professionals would enhance China's reputation in this realm, serving to further manufacturing. Too many stories are still retold by Americans who created innovative products, manufactured them in China, then discovered that a Chinese knock-off of their product had knocked them out of the marketplace.
Without sufficient skilled lawyers, who they gonna call? Ghost Busters?
Sam_S - October 31, 2007 1:30 AM
Dear heartless neocon Randist:
At first reaction, I have grave reservations about anyone recommending more lawyers anywhere. But if you say it can improve IPR protection, I'll go along with that provisionally. Sounds like it might be good for internal IPR protection within China, but what ALSO may be needed is more American-IPR-lawyers-who-speak-Chinese. I don't see foreign IP owners being protected especially well until there are huge other advances in China's use of a rule-of-law approach. If this is a step along the way, then, cheers.
Froog - October 31, 2007 8:54 PM
Hear, hear to Sam.
I think Dan's optimism that lawyer proliferation (and lawyerly zeal) will always correlate directly to increased enforcement of laws is based on the assumption that an effective system of enforcement of judgements exists. China is making strides in this area, but still seems to be a long way short of the developed legal systems in the West.
China Law Blog - October 31, 2007 10:10 PM
Stephen Allard,
How 'bout Zegna?
China Law Blog - October 31, 2007 10:12 PM
Nonin Stone,
EVERYONE, you have to believe me. Nonin Stone is not a plant. It is not me. It is not Steve. It is not anyone in my firm. It is not anyone I know. It is just someone who loves lawyers. Hallelujah.
China Law Blog - October 31, 2007 10:13 PM
Sam S,
Very funny (inside joke from Peking Duck, everyone).
I agree, it is just one step. Lawyers without enforceable laws are like ....
China Law Blog - October 31, 2007 10:14 PM
Froog,
I buy that, but we lawyers can help with that true. Hell, there ain't nothing we can't do.
nanheyangrouchuan - October 31, 2007 10:52 PM
....Hello, I'm IP attorney Edgar Snyder I'll fight for your Chinese IP rights! Just call me at 1-800-IPLA-WYER !!!!!
Nonin Stone - November 1, 2007 4:00 PM
It's true; I'm not a plant, though there have been times when I've become a vegetable after multiple days, sustained only by cheap French Roast, fruit and cat naps.