How China is changing

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

How China is changing

Ten years ago, when I was Asia editor for Managing IP in Hong Kong, discussions about IP in China focused almost entirely on counterfeiting: the scale of it, how to stop it and whether the country would develop a culture of indigenous innovation

There are still plenty of fakes of course, but the debate has moved on. Foreign companies have become better at understanding the rules and procedures for protecting their rights in China and many are focusing their attention on responding to the rise of the country’s home-grown - but expansionary – businesses.

diana-sternfeld.jpg

Another change has been improvements in China’s judicial system. At last week’s Women's Leadership Forum in London, Rouse’s Diana Sternfeld (right) said that her firm has litigated more than 1,000 IP cases in the country.

What has changed over time, she explained, is that China’s courts are now trying much harder to understand cases. She recounted how one judge had accompanied a raid to see how the defendants operated their counterfeiting business so as to understand the case better.

But as confidence in the courts is growing, so is demand for their services. IP disputes involving a foreign party make up a very small proportion of cases brought before Chinese judges: thousands more involve Chinese rivals.

That confidence has a downside: with courts so busy, many judges will look for opportunities to reduce their backlog and reject cases on procedural irregularities that seem trivial – and infuriating – to foreign IP owners. GE’s Catriona Hammer, for example, recalled one notary refusing to notarize a document prepared by a colleague in Sweden because it had been signed using a ballpoint pen rather than a fountain pen.

While it may not come as much comfort to IP litigants perplexed by China’s procedural red tape, the practical constraints they face may, in part, reflect a changing judicial system in which parties have increasing confidence.

For more on litigation in China, see Peter Leung's interview with Judge Chen Jinchuan, vice president of the new Beijing IP Court, in our latest issue (subscription or free trial required).

more from across site and SHARED ros bottom lb

More from across our site

Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
Gift this article