PTC FORUM

The Online Journal of the Patent, Trademark and Copyright Research Foundation

Editorial Comment

Interest in China

Several digests of articles have recently focused on the problems experienced in the protection of intellectual property rights in the People's Republic of China (as well as in Hong Kong and Macao). The potential market represented by a third of the world's population is important to those trading in China who are dependent in turn on the adequate safeguarding of their patents, trademarks and copyright. At first sight, China's membership of the World Trade Organization, accompanied by China's accession to the TRIPS Agreement, gives grounds for hoping that new laws passed by the Chinese legislature will benefit traders concerned about their intellectual property rights. Certainly the formal legislation is an important step in the right direction; but, as one of the articles points out [20067], general legislation runs the risk of being ineffective, unless it is backed up both by implementing legislation and by the administrative skill and motivation of the officials entrusted with its operation. At present, neither of these conditions is present. This is not necessarily a criticism of the Chinese authorities: industrialized countries have had a century or more in which to develop sophisticated schemes of legal protection. But it does mean that traders accustomed to sophisticated schemes must not expect too much of the legislative and administrative apparatus in China in these relatively early years. Nor can the Chinese political commitment to Western concepts of property rights and free trade be taken for granted. Commercial policies based on these cautionary words may stand a better chance of succeeding in what is rapidly becoming a highly competitive market. [10010]