China’s National Intellectual Property Administration (CNIPA) has published the 2025 Intellectual Property Nation Building Promotion Plan (2025年知识产权强国建设推进计划).
It was released recently by the Office of the Inter-ministerial Joint Conference on Building a Powerful National Intellectual Property Rights.
The Plan lists the key tasks of 2025 to “accelerate the construction of a powerful intellectual property country.” Some of the key tasks including revising various laws and regulations, including the Trademark Law and issuing new guidelines, such as the Guidelines on Standard-Related Patent Policy.
Saying vs. Doing
But what do these patriotic pronouncements around IP and leadership really mean? Are they more posturing than plan? It’s clear that China understands what a robust IP system should look like (much like the one in the U.S.) but it is not at all clear it is committed to acting in a way to fully realize a fair and robust IP system that will be respected internationally.
Without more transparency it is difficult to evaluate its progress.
Many decisions aren’t published and those that are
will be redacted
It is making strides in the direction of power, issuing huge numbers of patents and permitting the use of injunctions, even if the amount of damages paid to infringed parties remains quite low. For now, at least, China’s IP system appears to be more supportive of Chinese businesses than those foreign players who own and exercise their IP rights there.
I asked China IP legal expert Aaron Wininger, a partner with Schwegman Lundberg, Woessner, is China prepared to deliver on its IP promises and goal of becoming an international IP power?
“That is a tough question,” Wininger told IP CloseUp, “mainly because the lack of transparency. Many decisions aren’t published and those that are will 
be redacted. Based on what I’ve seen, damages tend to be very low on average, especially in patent cases.
“However, due to up to 5X punitive damages we are starting to see higher damages awards in trademark and trade secret cases – but I couldn’t tell you what the average award is. The Supreme People’s Court said the number of punitive damages awards are up 44% (but from a low base).”
Due to up to 5X punitive damages we are starting to see higher damages awards in trademark and trade secret cases
Wininger offered a translation of the 2025 promotion plan, a highly detailed outline of what the national wishes to accomplish, which is otherwise unavailable in English.
“To me,” said the Wininger, “the main the part of the plan has been the planned revision of laws, guidelines, and regulations. Of that, the most consistent over the years has been the proposal to revise the trademark law…
Trademark Progress
“However, there hasn’t been much action on this. I do recall a draft amendment to the trademark law from 2023 and I know the current legislative plan includes the trademark law.”
The status of China’s ascent as an IP giant might be summed up this way: making strides but still far from hitting its stride when it comes to international standards and transparency.
Image source: chinafocus.com
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