Friday, April 18, 2008
Intellectual Property Protection System in China- a snapshot
Currently in China there is a so called "dual" system to protect the intellectual property (IP) rights in China, one is the judicial system, that the plaintiff can initiate civil law claims through intermediate level courts in designated cities; but the administrative system, such as SAIC, can also initiate quasi-judicial action against parties who violate the trademark law in China.
It is said that administrative system will be more efficient in handling IP cases, though so far I cannot see solid figures and reports telling that it is true, and also is it effective in doing so?
China has joined several prominent international treaties relating to IP, including TRIPS, and I definitely think that China has gradually improved the existing domestic civil law system, by modifying the rules and regulations, which are normally promulgated by State Council, the Supreme Court. I also believe that they will send more legal professional practitioners, including judges, to be well trained in international law, relating to trade business. So let's say 5 or 10 years later, foreign investors could be more assured that their IP rights will be well protected than today.