Patent Protection and Enforcement in the PRC
This report aims to provide an in depth description and assessment of the current status of the protection and enforcement of intellectual property rights (IPRs), more specifically patents, in the People's Republic of China (PRC).
The first chapter, authored by Bird & Bird LLP, provides a qualitative analysis of the legal framework governing patents in the PRC, including its evolution, legislation in the making and remaining areas for improvement. On certain topics, comparisons have been made with the EU, German and US legal systems to provide a broader context and perspective to an assessment of the PRC legal system.
The second chapter, authored by The Economist Intelligence Unit, offers a quantitative analysis of how patents are actually protected and enforced in the PRC through the analysis of key statistical data. These data have been validated through structured interviews with legal practitioners experienced in patent registrations and/or enforcement in China. The methodology and the data used are explained in more detail in this chapter.