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ARTICLE · 20 NOVEMBER 2008

Recent Trends In IP Protection

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It is well-known that in China the problem of intellectual property protection lies not with the laws which are relatively comprehensive and basically comply with the obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPs).

ChinaIntellectual Property
Maarten Roos
Maarten Roos

It is well-known that in China the problem of intellectual property protection lies not with the laws which are relatively comprehensive and basically comply with the obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPs). Rather, the difficulties lie in enforcing intellectual property rights in a country where the legal system is still under development, the concept of IP rights is relatively new, and IP protection does not rank very high on the country's list of priorities.

Especially the latter is changing. Unrelenting international pressure and the growing importance of IP protection to domestic companies are spurring courts and government authorities at local level to intensify their efforts to tackle infringements. A third reason for the change of attitude, which is more recent but may prove to be even more durable, is the gradual shift of the industrial focus to higher value-added sectors. China wants to re-position itself in the

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