China -  Chinese law firm

Are the measures for the protection of Intellectual Property Rights taken by the Chinese Government effective? What areas need to be improved?

Notwithstanding this progress, enforcement of IPR remains weak and ineffective in most parts of China, and many factors weigh against successful litigation for those who attempt to protect their IPR via the courts. Compensation is invariably low, while the burden of proof for the plaintiff is high. Small-scale counterfeiters often escape with low fines that are not easily collected and offer minimal deterrence, and the rights holder receives minimal compensation. The court system has a shortage of adequately trained judges and the resources of the police, prosecutors, and relevant administrative agencies are insufficient. It is often difficult for these various bodies to cooperate smoothly, particularly in transferring cases from civil to criminal proceedings. Finally, local protectionism continues to favor IPR violators. Thus the problem now facing China is to translate the improved legal framework into a significantly changed environment at the local level. This can only be done by improving the professional capabilities of the police, prosecutors, courts, and administrative agencies and by strengthening their ability to work together efficiently.

RSS Feeds