China is fast catching up with America as the world's largest economic power, and securing patents, designs and trademarks in China ought to be taken into severe consideration.
China has, however, had a poor reputation amongst non-Chinese rights owners regarding their enforcement of intellectual property (IP) rights, namely due to the sizeable quantity of counterfeit goods which are sold inside China and which make it via their customs every single year. This misconception that China does not take the protection and enforcement of IP rights seriously has deterred a large number of from completely protecting their IP rights in China.
Nonetheless, China is now taking steps to further enforce IP rights. The outcome of a recent court case resulted in harsh fines, the confiscation of the company's income and a quantity of prison sentences. The Chinese government is focusing heavily on this development in IP law, and since joining the Globe Trade Organisation (WTO), has stepped up its border manage with effective outcomes.
China has also turned the tables by issuing lawsuits against those who infringe on China's own IP rights owners, and the number of IP litigation cases is rising by 35% annually.
Securing innovation within China is quickly taking hold amongst Chinese residents - last year, applications filed by foreign applicants made up just 10.1% of all patents filed in China, with the remaining 976,686 applications getting filed by Chinese nationals.
The proportion of non-resident application filings is decreasing despite about a third of Chinese commerce involving foreign companies.
Moreover, Chinese corporations are increasingly seeking into their IP rights abroad. China has become the fifth largest filer of international patent applications ( PCT ) in the world. Filing of international patent applications (PCT) rose in China in the course of 2009 by nearly 30%. This could possibly be due to Chinese Government subsidies becoming obtainable for such filings amounting to around £5000 GBP.
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