The power of law: legal considerations for protecting intellectual property rights in China

What is the most important consideration for country attempting to build a prosperous hi-tech industry? The answer may vary depending on the person you ask. This article seeks to address the question from a lawyer's perspective. From a lawyer's point of view, rule of law is essential to the promotion of hi-tech business. Of particular importance are laws that protect the bottom line which, in hi-tech businesses, means property rights. In this article, I provide a general overview of three key forms of intellectual property protection in China, namely, patents, trademarks and copyrights. For each form, I discuss briefly requirements for protection, rights and remedies, and infringement. Although China is not a common law jurisdiction, three Chinese intellectual property cases are analyzed. Finally, I conclude with some recommendations for improving the current situation with respect to protection of intellectual property rights in China.