Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what we usually do is provide a super fast general answer and, when it is easy to do so, a link or two to a blog post that may provide some additional guidance. We figure we might as well post some of these on here as well. On Fridays, like today.
I speak often on China IP before all sorts of groups and companies and after I give my spiel on the topic, I always (if at all possible) open the floor up for questions. Both live and via webinar, the one question I am nearly always asked is some variant of when I think China will “start improving its protection of IP.”
My answer is usually something like the following:
First off, China is already improving on its IP protection and it has been doing so for at least the last decade, slowly but surely. China’s trademark protection is already pretty good and its protection of copyrights and patents has consistently improved. But what do you mean by IP protection? Do you mean government enforcement against counterfeiters? Do you mean the laws as written that allow a private party to sue for infringement? Because China’s IP laws as written have been pretty good for quite some time? When I say China’s IP enforcement has been consistently improving, I am usually referring to the whole package in terms of what a foreign company can do against a Chinese company that has been violating the foreign company’s IP rights.
What I said long ago is that when China’s powerful companies start caring about their IP rights will be when China as a whole will really accelerate in its caring about IP rights. And here’s the thing. There are plenty of powerful companies in China that now do care about IP rights and that number just keeps rising and for that reason alone I expect IP protections to improve substantially in China over the next 2-5 years.