«Xue Chen TABLE OF CONTENTS Table of contents...1 I. Introduction..2 II. Background on Chinese Economy and Policies.3 III. Trade Secret Laws in the ...»
technology commodities to high technology products will draw the attention of China’s global competitors. As a result, the increasing infringement wars among different brands can be imagined. One way to exclude a competitor from the U.S. marketplace is to ban importation. For a U.S. company, perhaps, the ITC proceeding and a parallel U.S. district court proceeding would put its Chinese competitor in a vulnerable position, with both limited time to prepare the response and potential loss of the market shares.
Over the last five years, the global economy has witnessed its most tumultuous times since the Great Depression. The impressive coordinated policy complied by the G-20 nations has rescued the world from the worst possible scenario, and finally economic activity is now recovering across the world. To some extent, China has contributed a lot to the worldwide recovery of economic activity. Needless to say, China will continue to play a significant role in promoting diversification of global economy.
As is known, on the other hand, the intellectual property protection system is an indicator of a nation’s economy. It is therefore imperative to build a comprehensive and adequate intellectual property infrastructure. Until very recently, the IP implementation and enforcement in China has just received remarkable affect. But China has expressed its support for improving the technical cooperation and capacity building activities of the WIPO in much the same way as the U.S., UK and other countries had commented. From its total number of its worldwide patent application filings, China has made efforts catching up with the Western world.
However, developments in IP law in China continue to be mediated by non-IP factors, and infringement of foreign existing intellectual property has not substantially decreased. Scholars in have commented that China has manoeuvred its currency in order to keep benefiting from the trade surplus. There is a proposition in opposition to this viewpoint, that the strictness on the Chinese exports into the U.S. marketplace essentially reflects the policy concerns, to reduce the privilege that China has gained by the lower price of the commodities. Regardless of the contradictory opinions, public education, whether by government departments, the local IP offices or interest groups, is important to strengthen China’s intellectual property enforcement regime. Only through an efficient and workable IP law regime, the “innovation nation” goal could be met. An IP law enforcement compatible with the Western world would also promote the global economic growth and stability. To understand the relationship between Chinese IP law and its impact on the international trade, one should also keep abreast with China’s actions and policies on U.S. sales, since economy, trade, and innovation is in an organic mechanism which is inseparable.