A Durham University law professor said that China has accomplished a bold transformation to a modern society that leads in innovation and respects domestic and international IP rights.
“The strengthening of the rule of law — especially in the realm of intellectual property rights (IPR) — has played a key role in the country’s remarkable transformation,” writes Dr. Wang Jia, an Associate Professor of Law at Durham University in the UK.
“IPR protection is more than a legal formality; it is crucial for promoting innovation, facilitating economic growth and increasing global competitiveness.”
Innovation-Driven Development
Protecting IPR paves the way for a vibrant culture of innovation as China pursues innovation-driven development, 
Professor Wang wrote on September 2nd in China Daily, the English Language newspaper owned and published by the Publicity Department of the Chinese Communist Party (CCP).
Indeed, the commentary reads more like a government press release than a law professor’s update of China’s maturity as an innovation and IP power.
The government has played a crucial role in raising IP rights awareness through education and public campaigns, the piece continues. Initiatives such as the annual “National IP Publicity Week” are aimed at educating the public, enterprises, and government officials on the importance of IPR protection.
“The introduction of punitive damages in IPR litigation is a notable development, as it compensates rights holders and deters infringements by increasing the financial penalty for violators. Although less highlighted, criminal enforcement has also gained traction, demonstrating China’s commitment to better protect IPR.”
China remains one of the world’s leading patent, trade secret and trademark infringers, reports the he Office of the United States Trade Representative (USTR).
By any standard China has come
a long way in innovation and IP rights.
“Intellectual property rights continue to be a main concern for U.S. businesses in China, and they face significant challenges with infringement,” said Reuters about a presentation in Beijing earlier this year by United States Patent and Trademark (USPTO) Director, Kathi Vidal.
Dr. Jia appears to disagree. She writes that the rise of a vibrant private sector has boosted innovation, with IPR rights playing a central role in the process. The rapid growth of Chinese high-tech giants such as Huawei, Tencent and Alibaba illustrates how strong IPR protection can fuel innovation.
“The emergence of innovative start-ups in biotechnology, artificial intelligence and renewable energy highlights the importance of a competitive market in fostering innovation. These start-ups’ ability to protect IPR is crucial for attracting investments.
In Practice
By any standard China has come a long way in innovation and IP rights. China and defenders of its IP system have been adept at showing they understand what a world class IP system looks like, even if it does not engage in one.
In practice, it is less clear how much the current system of IP rights and courts has supported inventors, creators and businesses, and permitted foreign entities and IP owners doing business in China to fairly adjudicate disputes.
The full piece in China Daily is worth reading to learn the ways Beijing strives to characterize itself as a global IP player.
CAPTION: The Shanghai Intellectual Property Administration Administrative Service Center (pictured above) “provides one-stop service offering comprehensive IPR services across 51 categories.”
Image source: english.cnipa.gov.cn/; LinkedIn
ipcloseup.com 