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

The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Abion says it has brought on board Matt Serlin as its first US hire to meet client demand for ‘full circle’ trademark and domain name services
News of Health Hoglund joining Sisvel and the Delhi High Court staying a $2.2 million decree in favour of Philips were also among the top talking points
The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
Gift this article