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

As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
A decision finding Google liable for trademark infringement and the launch of a new IP services group were also among the top talking points
Law firms across the world are seemingly united in their reluctance to give juniors a chance, which shouldn’t be the case
In-house counsel say they want more visibility for the next generation of lawyers, but private practice practitioners believe jurisdictional challenges stand in their way
IP STARS, Managing IP’s accreditation title, reveals this year’s first rankings, showing how firms in Asia-Pacific are performing across a range of practice areas
A dispute over buggies, a decision on the UPC’s jurisdiction, and the formal launch of the Patent Mediation and Arbitration Centre were among the top developments
Sofie McPherson says she is excited to work at a firm that offers an integrated approach between attorneys and litigators
Personality rights are among several measures the government must take to maximise the potential of the music licensing market, say lawyers
Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Gift this article