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On The State Of China IP Protection. Straight From The Source.

By Dan Harris and Steve Dickinson

China's Supreme Court recently came out with a white paper, in both English and Chinese, entitled, "Intellectual Property Protection by Chinese Courts in 2009." This 60 page document consists of the following sections:

I. Fair and Efficient Adjudication of Intellectual Property Cases According to Law has Made the Judicial System a Leading Force in Intellectual Property Protection II. Judicial Protection for Intellectual Property has Served the Needs of Socioeconomic Development and has Observed and Delivered the National Intellectual Property Strategy III. Enhanced Judicial Supervision and Guidance has Created Greater Consistency in Adjudication Practices and Decision-Making IV. Capacity Building for Intellectual Property Judges has Improved Judicial Competence and Quality Conclusion

Though a bit self-serving and at times jingoistic, it really is an excellent piece in that it sets forth where the court has been and where it hopes to go and it does an excellent job of using facts in support of both. Say what you will about the protection of intellectual property in China, the reality is that on that score China is getting better every year. If you have an interest in China intellectual property, I urge you to read it. When we first started this blog more than four years ago, we said intellectual property protection would slowly get better in China, but would really start to take off when Chinese companies themselves started developing their own intellectual property and then demanding protection of that. That day has arrived for trademarks and for a slightly lesser extent, for patents as well. The recent decision awarding Microsoft a relatively large judgment in a copyright case is a further indication that day is not too far off for copyright as well.

Full post as published by China Law Blog on April 27, 2010 (boomark / email).