Intellectual Property Rights Protection in China: Trends in Litigation and Economic Damages

21 Pages Posted: 13 Feb 2009  

Alan J. Cox

National Economic Research Associates (NERA)

Kristina Sepetys

affiliation not provided to SSRN

Date Written: January 20, 2009

Abstract

As a result of external pressures and to meet its own economic objectives, China has been moving its intellectual property rights (IPR) regime closer to those found in many more developed nations. As China's economy grows, its transition from manufacturing-based to knowledge-based production, more comprehensive laws, and more attention to enforcement have led to an increase in the number of IPR infringement cases being brought before the courts or taken up through China's administrative procedures. In this paper, the authors analyze the changing role of IPR enforcement in China and examines trends in damages awards in IPR cases in China, using a proprietary database, developed by NERA, of cases filed in China between 2002 and 2008. The authors find that, while there has been a marked increase in IPR infringement cases being brought before Chinese courts and, consequently, in the frequency of damage awards over the past decade, the damages both claimed and awarded tended to be very small compared to those in other jurisdictions and compared to the likely degree of harm caused.

Keywords: China, intellectual property, damages, litigation, patent, trademark, copyright

Suggested Citation

Cox, Alan J. and Sepetys, Kristina, Intellectual Property Rights Protection in China: Trends in Litigation and Economic Damages (January 20, 2009). Available at SSRN: https://ssrn.com/abstract=1330619 or http://dx.doi.org/10.2139/ssrn.1330619

Alan J. Cox

National Economic Research Associates (NERA) ( email )

One Front Street, Suite 2600
San Francisco, CA 94111
United States
415-291-1000 (Phone)
415-291-1020 (Fax)

Kristina Sepetys (Contact Author)

affiliation not provided to SSRN

Paper statistics

Downloads
728
Rank
26,767
Abstract Views
3,208