Understanding China, One Blog at a Time

An American in China

China and Intellectual Property

Posted by w_thames_the_d on February 7, 2011

excerpt from :

Economic Warlords (Julie Cochran)

Unfortunately, the economic warlords presiding over local governments ensured that these types of fines and damages were rarely levied upon violators. Eventually, the Seventh National People’s Congress amended trademark laws, aiming to enhance “‘the administration of trademarks’ and encourage ‘producers to guarantee the quality of their goods and maintain the reputation of their trademarks, with a view to protecting consumer interests.’” The amendments also refined the definition of infringement “to include the sale of goods that one is ‘fully aware’ are counterfeits of a registered mark, the forgery or unauthorized manufacturing of representations of another’s registered trademark, and the sale of trademark representations that were forged or manufactured without authorization.” A special Intellectual Property Rights Tribunal was created in Beijing to deal exclusively with infringement cases. Satellite courts have been established in several other large markets; however, these courts still suffer from a lack of qualified legal administrators. The Chinese legal system’s “inquisitorial” nature aggravates the need for competent individuals who will vigorously prosecute violators of intellectual property rights without being swayed by local influence.

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