Why China's administrative agencies should not be given new power

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

Why China's administrative agencies should not be given new power

A leading Chinese academic has told Managing IP that amendments to the country’s IP laws should strengthen the role of the courts rather than giving more power to local administrative agencies

China is due to revise three major pieces of legislation in the next few years: the Patent, Copyright and Trade Mark Acts.

But Liu Chuntian, professor of law at Renmin University of China and an influential adviser on intellectual property law, said that the changes should ensure that the courts are given more powers to enforce the law.

“There is a push by some administrative agencies to give more power to the local agencies, and I am concerned that this might hurt the balance of power and the rule of law by giving them too much power,” Liu told Managing IP.

“If the local agencies are given more power, there is greater concern for abuse, and that they will set up burdens and hurdles to businesses.”

The vagaries of administrative enforcement in China have long been the subject of complaint among IP owners in China. While many administrative officers work efficiently and effectively, some local agencies have a reputation for protectionism and corruption.

During the interview, Liu also questioned whether SIPO, China’s state intellectual property office, has the necessary clout to oversee the implementation of the country’s National IP Strategy.

He said that SIPO, a body at the vice-ministry level of China’s government, must co-ordinate 29 ministry-level agencies who are putting the strategy into practice.

“Plans like the National IP strategy require a very high level of coordination between the government agencies and I think there are some difficulties in achieving this. Japan has a similar IP strategy, but its plan is led by the Prime Minister’s office, which has a lot more influence than SIPO within the Chinese government,” he said.

more from across site and SHARED ros bottom lb

More from across our site

Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Gift this article