How to Work within China's IPR Enforcement System for Trade Mark and Design Rights
1/2007 Benelux Merken Modellenrecht Bulletin Volume 33 (8-12)
5 Pages Posted: 9 Mar 2013
Date Written: January 1, 2007
Five years after its accession to the World Trade Organisation, the consensus among IP lawyers and scholars at the IPR in China Conference in London last year was that China has enormously improved its IPR system. However, it is still far from perfect. On the books China’s implementations of IPR laws are by and large compliant with the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPs). However, on the ground the enforcement is still inadequate, due to a lack of transparency, lack of a rule of law, lack of an independent judiciary, lack of a uniform application of law widespread corruption and local protectionism, and lack of expertise in and respect for IPR. Within such a difficult environment one should tread carefully. Which enforcement approaches should one take in what situation? The administrative, criminal and civil enforcement routes, relevant to trade mark and design rights will be navigated below. Besides, the controversial implementations of some TRIPs provisions will be explored, to shed light on possible enforcement challenges.
Keywords: Trademark law, Product Qualtiy Law, AQSIQ, SIPO, TRIPS, WTO, customs, administrative enforcement route, criminal enforcement route, Public Security Bureau, People's Procuratorate Bureau, design patent, People's Republic of China
JEL Classification: K49
Suggested Citation: Suggested Citation