Managing Intellectual Property

Develop your China enforcement strategy

01 December 2007

Managing IP and Finnegan Henderson jointly hosted a roundtable in Beijing to discuss how to develop an enforcement strategy in China

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The US case against China at the WTO for inadequate criminal IP laws has focused attention on the country's enforcement system. But while the overall rate of IP infringement remains alarming, some say that the government is doing more than ever to protect IP rights and companies need to be more proactive in working with the authorities and pursuing infringers. Participants in this roundtable discussed the importance of: having a properly targeted enforcement strategy supported by business leaders, recent improvements in the system, developing a well-trained judiciary and coordinating enforcement between governments to target the entire counterfeiting network.


PO:
Looking at enforcement strategies in China in general, when is the best time to use administrative, civil and criminal remedies?

JC: Looking at patents first of all I would say that civil protection is the right approach. Administrative protection is an alternative but in practice more companies file...



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