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

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Deals between five more law firms and President Trump and an antitrust lawsuit against Amgen were also among the top talking points this week
US counsel explain how they win new cleantech IP business and how they’re navigating the industry’s challenges
Leaders at the IP firms, which have joined forces with backing from a PE investor, share their vision of building the number one pan-European IP practice
Firms will steer clients towards other ways of getting quicker examinations, but fear the ramifications of the USPTO’s decision
Melissa Haapala added that returning to client advocacy and the chance to work on patent litigation were reasons for returning to private practice
Michelle Clark, who has a generalist litigation background, plans to focus on IP disputes at Alston & Bird
Philips and Vivo have entered into a licensing agreement, putting an end to a five-year-old telecom SEP dispute in India
Stefan Müller discusses managing deadlines, the importance of reflection, and why IP is more than just a 'nice to have'
The three founders of the IP firm’s new US offering say they plan to offer a unique proposition in a market fixated by the billable hour
The opinion provides useful guidance when it comes to how courts might consider contributory infringement, DMCA claims, and other issues in AI copyright cases
Gift this article