[Review] IP in China: An Update on Leveraging and Protecting Business Value

Published on 2020-04-28

Every 26 April, WIPO celebrates World Intellectual Property Day to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity.

In the context of the World IP Day, the British Chamber Shanghai hosted a webinar on 27 April and shared with the audience an update on the current legal and regulatory environment for IP protection in China.

427 webinar holding slide

The online session is moderated by Co-Chair of the Chamber's Legal & Compliance Rebecca Lee (Senior Consultant, Business Intelligence, Control Risks) and presented by Fabio Giacopello, a Senior Partner at HFG Law & Intellectual Property. 

Fabio summarised what happened in China in 2019 in regards to IP and introduced the three significant changes, including:

  • the New Foreign Investment Law and repeal of several laws/regulation on IP transactions
  • the New Draft Chinese Patent Law which suggests more significant damages for patent infringement, more options for rewarding inventors under an employee invention remuneration scheme, and patent term extensions for design patents and pharmaceutical patents
  • amendments to Trademark Law and Anti-Unfair Competition Law

These changes show the continued efforts of the Chinese authorities to improve IP rights for foreign firms, with concrete progress seen in more stringent penalties for sellers of counterfeit goods and measures to strengthen the protection of trade secrets.

Fabio then shared his observation of what happened to IP under the coronavirus. He also suggested some necessary steps to protect IPRs (patents, design patents, copyright) in China. Please download the presentation (3.11MB) here for more details.

BritCham Shanghai members can email Nathalie.Xu@britishchambershanghai.cn to receive the webinar recording.