Has China’s “skin in the game moment” arrived?

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Has China’s “skin in the game moment” arrived?

The common wisdom has been that economic development will lead to increased demand for IP protection among Chinese companies and consumers. Have we reached that point yet?

french20mall.jpg

Last month, regulators at China's State Administration for Industry and Commerce (SAIC) publicly called out tech company Alibaba for alleged illegal practices taking place on its enormously popular online marketplaces. Though the SAIC's white paper contains a range of allegations including the proliferation of false reviews and sales, improperly registered businesses and anti-competitive behaviour, it was the claim of rampant counterfeiting that has been getting the most attention.

Alibaba's (much smaller) competitor JD.com also weighed in on the counterfeiting issue. Last week, JD launched the French Mall, which promises to carry only genuinely imported French products. Though JD's statement does not refer to Alibaba or its Taobao market, its timing is at the very least serendipitous.

JD clearly believes that Chinese consumers increasingly value having at least some types of non-infringing goods. Much has been made of the growth of China's middle class and its demand for name-brand goods, and the company's initiative seems to be betting that catering to those needs will be a profitable venture that can help it catch up to the market-leading Alibaba. In other words, while Alibaba has in the past been accused of letting fakes proliferate because it makes money on each sale, a charge that it has denied, the French Mall is JD's bet in the opposite direction.

It remains to be seen whether JD's new focus on authentic goods will be successful, but for rights holders, this is an encouraging sign. Chinese officials and academics have long argued that China's IP system will develop as its economy grows, essentially, when it is in its economic interest to have stronger IP protections. Baroness Neville-Rolfe, the UK's IP Minister, similarly expressed confidence of an improving IP environment in China when she said that China has "skin in the game" as its businesses increasingly rely on intellectual property.

There is some support for this logic. As Kevyn Kennedy of CBI Consulting explained to Managing IP, counterfeit leather goods were once very common in Taiwan, especially those sold by street vendors. But as consumers grew more prosperous and more sophisticated, the demand for knockoffs dropped. Similarly, Hong Kong is often held up as a place where counterfeiting has been significantly curtailed. In that case, evolving market behaviours may also have played a role - a 2013 study showed that social stigma is one of the biggest reasons to not buy counterfeit luxury goods. In fact, tourism from the mainland to Hong Kong is driven in part by the perception that it is a reliable (and cheaper) place to get genuine goods, whether it be watches, luxury clothes or even baby formula.

What do you think? Is JD.com's French Mall a sign of increasing demand for genuine goods in China?

more from across site and SHARED ros bottom lb

More from across our site

IP lawyers at three firms reflect on how courts across Australia have reacted to AI use in litigation, and explain why they support measured use of the technology
AJ Park’s owner, IPH, announced earlier this week that Steve Mitchell will take the reins of the New Zealand-based firm in January
Chris Adamson and Milli Bouri of Adamson & Partners join us to discuss IP market trends and what law firm and in-house clients are looking for
Noemi Parrotta, chair of the European subcommittee within INTA's International Amicus Committee, explains why the General Court’s decision in the Iceland case could make it impossible to protect country names as trademarks
Inès Garlantezec, who became principal of the firm’s Luxembourg office earlier this year, discusses what's been keeping her busy, including settling a long-running case
In the sixth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Futures, a network for early-career stage IP professionals
Rachel Cohen has reunited with her former colleagues to strengthen Weil’s IP litigation and strategy work
McKool Smith’s Jennifer Truelove explains how a joint effort between her firm and Irell & Manella secured a win for their client against Samsung
Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
Gift this article