IP Protection in China, Second Edition

Before China's entry into the World Trade Organization (WTO), the Chinese IP regime was out-of-step with international standards. China has made rapid progress since then. To obtain approval for entry, it made all the necessary amendments to its Patent Law, Copyright Law, and the Trademark Law, and also revised relevant Implementation Rules to bring such measures into compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Despite full compliance with these standards, the Chinese IP system still involves distinct characteristics: for example, enforcement power is divided between two powerful and independent branches of the government, which can surprise U.S. practitioners accustomed to using the judicial branch as the primary means for addressing IP infringement issues.