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China As Intellectual Property Powerhouse? Someday. Maybe.

Posted in Legal News, Recommended Reading

CNN China correspondent Lara Farrar, just wrote an excellent story on China’s efforts to boost its intellectual property protection so as to better enable it to become an innovation-based economy. The article is entitled, “Keeping things safe: China aims to boost its intellectual property rights,” and it nicely highlights Beijing’s increasing emphasis on IP and it extensively quotes CLB’s own Steve Dickinson

It begins by noting how Beijing is seeking to move China from a manufacturing economy to an innovation economy and how this plan includes increasing annual patent filings to two million by 2015. Last year China’s intellectual property office granted 815,000 patents, itself a 40% increase from the year before. 

The article then gives Steve THE call out quote: “If you don’t think you are going to get sued in China, you are crazy.” Steve was referring to how Chinese companies are getting increasingly aggressive at protecting their own IP and they will not hesitate to sue foreign companies they see as infringing on their intellectual property (IP). The article notes how 30,626 intellectual property rights cases were filed in China in 2009, a 25% increase from the previous year. Amazingly, all but 117 of these cases have already been resolved.

The article rightly stresses the importance of registering your IP in China because if you do not register your IP there, you have no protection there:

“If you do not register your IP (intellectual property) in China, that is the equivalent of giving your competitor a royalty free license. If you don’t get a Chinese patent that means you have no right to sue.

“[The Chinese] say that if you don’t come to China to file, you cannot accuse us of not respecting your own intellectual property because you don’t even care to go to the Chinese patent office.

“If China is your largest market, it makes sense for you to budget the most to protect your intellectual property in that market. There is no magic to that.”

In 2010, international patent filings from China totaled 13,000 applications, a 61% increase from 2009, the China Daily reported. Dickinson believes that it is only a matter of time before China’s domestic courtroom battles are replicated on the international stage.

“Intellectual property is one of the main areas of litigation [in China]. They are really after each other on these issues. They for sure will start to take it overseas. There is no question. The only question is the where and how,” he said.

Stan Abrams of China Hearsay concurs: “They are going to be acting like foreign companies in other markets and what do foreign companies do in those markets? They do things like enforce their patents or participate in litigation. The Chinese are going to start doing these in greater numbers.”

I recommend you read the full article here.

  • Jamie Caire

    That’s an interesting article and I like how she interviewed so many knowledgeable people for it. Excellent reporting!

  • Mike

    Maybe some day, yes, but not now. Having been inside the kitchen w.r.t. patents and high-tech (or lack thereof) words like hell and freezing come to mind when trying to guess when ‘some day’ might be, but hey, I could be wrong, would not be the first time…
    The thing with patents in China, at least in my field, is that it is not really in any way a reflection of R&D.
    Patents are NOT filed to protect IP, stuff you invent because you are smart and you do R&D. Sure, patents do sort of protect IP, maybe, but that’s just a side-effect.
    Patents are filed to get government subsidy. It works like this: The more patents you file, the smarter you must be, assuming patents are the result of R&D, and thus if you get subsidy, more smarts will follow and that is good for China. So far, logical, right?
    The reality, however, is that many of the patents filed have no relation to R&D, or at least not your own. This is both because of the first-to-file system, which allows you to patent other people’s inventions, and because of the sad fact that patent applications are approved by idiots. Sorry, but that’s how I see it, having filed a bunch of China patents myself.
    If you actually invent something clever, you end up spending a great deal of time with your patent-lawyer dumbing-down the description of the invention, until it is simple enough for the patent people to understand. Seeing as they themselves do not invent clever stuff, maybe that level of understanding is not very high, at least, that was what I thought. The somewhat clever parts of my inventions were always thrown out of the application because of too clever, with the filing then containing largely irrelevant drivel, which is then promptly approved.
    The government dishes out large sums of cash in the hope to stimulate innovation. They set out requirements as to what innovation should be done, some of which actually make some sense, others… not so much. One of the requirements is that you shall file X number of patents and publish X number of papers, get X number of copyright thingies, etc. This is where the nonsense starts. For example, we’re not talking papers published in international peer-reviewed journals, but just pay some cash, you get published, easy…!
    They do try to enforce this “stimulate innovation” goal (for example, plan submissions must be done/documented in a matter of days, therefore presumably filtering out the biggest scammers, and there’s project reviews every so often, again on a moment’s notice, but even half an idiot can (and do) lie their way through those), but in the end, they really only stimulate the real-estate market.
    So, after the important work is done of funneling the subsidy away from the target projects and into your family’s real-estate portfolio, you get your underlings to work on ‘proving’ that you used the money on innovation. This means filing X patents, of any crap, it does not matter. A popular method to increase the number is to simply cut the subject into really small pieces and file each separately. Of course it does not have to be your own stuff, since there’s the first-to-file system, so you could just get a text-book, copy some innovation-looking crud (twenty or thirty years old is no problem), cut it into small chunks, put your name on it, and Bob’s your uncle.
    Again, this is my experience with China’s patents/innovation happenings. On one hand, there’s lots of evidence to support the view that this is how it is, but on the other hand, it is possible that somewhere in China in some field some good stuff is going on. I just haven’t seen any yet…