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

Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
The departure of a large chunk of Spruson & Ferguson's legacy leadership could have destabilised the firm, but it's fighting back with strategic hires and promotions
Gift this article