Recent Developments in China's IP Laws in Relation to TRIPS

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clpstaff &clp articles

China has made considerable efforts in overhauling its IP legal regime since the country's accession to the WTO in 2001. Still it will be some time yet before these reforms transpire into meaningful ground-level improvements in the enforcement of IP rights.

By Dennis Fernandez and Veronica Weinstein, Fernandez & Associates, Menlo Park, California

When China first bid for membership to the World Trade Organization (WTO), its IP-related laws proved significant obstacles. Every WTO member is required to comply with the Agreement on Trade-Related Intellectual Property Rights (TRIPS). In its WTO accession documents, China declared its commitment to improve its legal system in order to comply with TRIPS. Since then, the country has enacted a number of new laws and revised many existing laws and regulations to bring them in-line with TRIPS requirements. Yet, problems still remain.

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