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Tao, Jingzhou --- "Problems and New Developments in the Enforcement of Intellectual Property Rights in China" [2007] ELECD 201; in Torremans, Paul; Shan, Hailing; Erauw, Johan (eds), "Intellectual Property and TRIPS Compliance in China" (Edward Elgar Publishing, 2007)

Book Title: Intellectual Property and TRIPS Compliance in China

Editor(s): Torremans, Paul; Shan, Hailing; Erauw, Johan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428754

Section: Chapter 5

Section Title: Problems and New Developments in the Enforcement of Intellectual Property Rights in China

Author(s): Tao, Jingzhou

Number of pages: 18

Extract:

5. Problems and new developments
in the enforcement of intellectual
property rights in China
Jingzhou Tao *

INTRODUCTION
Intellectual property rights (`IPR') protection in China has long been a sore
point in its otherwise remarkable contribution to international trade and busi-
ness. Enforcement is notoriously weak, and the losses to foreign companies
resulting from Chinese violation cases continue to escalate. The US
Government Accountability Office (`GAO') Report of October 2004,1 which
laments the weaknesses in China's enforcement of intellectual property rights,
concludes that such deficiencies may have an even greater impact on trade
than delays in the issuance of regulations. The Out-of-Cycle Review Results,2
issued by the United States Trade Representative in April 2005, points out that
China's inadequate intellectual property rights enforcement is leading to
infringement levels at 90 per cent or more for virtually every form of intellec-
tual property.
China itself acknowledges its problems with intellectual property rights
enforcement. According to the State Administration of Industry and
Commerce's (`State AIC') official statistics,3 there were 51 851 cases of trade-
mark-related violation in 2004, of which 40 171 were trademark infringement
and counterfeiting cases. This accounts for 77.47 per cent of all trademark-
related violations, up from 70.66 per cent in 2003. Intellectual property dispute
cases have also dramatically increased in recent years; figures for 2004 show
that the PRC courts handled 8332 cases of IP infringement that year, an



* DLA Piper Rudnick Gray Cary UK LLP.
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