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DYNAMIC CENTER

Chinese market has become a magnet for foreign investment

Author: CHISPO ATTORNEYS AT

Date: 2023-06-19

"An overwhelming 96.2% of the surveyed companies are satisfied with China's progress and achievements in IP; 82.74% recognize China's giant steps forward in establishing and improving its relevant legal system; 67.86% are willing to hire a Chinese IP firm first," These are some of the assessments and suggestions from foreign companies and their chambers of commerce in China revealed by Wang Linjie, a spokesperson for the China Council for the Promotion of International Trade (CCPIT) at the organization's routine press conference for May on May 30.
 
Cultivating environment
 
for doing business
 
The Chinese government has always been treating foreign companies on equal footing with their Chinese counterparts and rendering impartial IP protection to all market participants. Foreign interests are in possession of an increasing number of IPRs in China. According to data, as of the end of 2022, foreign entities owned 861,000 valid patents (up 4.5% year on year), which involved 58,000 foreign companies, 2,000 more than the previous year. Foreign entities owned 2.03 million valid registered trademarks, up 5.9%. These solid numbers reflect the Chinese government's efforts in cultivating a good environment for foreign companies to do business in China as well as IP's continued role in boosting high-level opening up.
 
There is no such thing as best IP protection; only better protection makes sense. In a bid to enhance IP protection and cultivate a market-oriented, regulated based on law, international standard environment for doing business, the Chinese government has executed multiple measures in IP rapid coordinated protection, administrative protection and international cooperation in recent years.
 
"Regarding rapid coordinated protection, the China National Intellectual Property Administration (CNIPA) newly installed 10 national IP protection centers and rapid enforcement centers in 2022, bringing the total to 97. These centers offer the same type of rapid coordinated protection service to both Chinese and foreign/joint venture companies recorded in their jurisdiction," Zhang Zhicheng, Director General of CNIPA's IP Protection Department announced at a press conference on 2022 IP work at the State Council Information Office of China. When it comes to administrative protection, China is moving smoothly in coping with foreign-related IP disputes. The complainants for the first group of two major patent infringement disputes were foreign companies. The eventual decisions would timely stop the infringing acts and be prevalently welcomed by the business community.
 
As the nation's heights for opening up, Shanghai is also leading the nation in serving foreign companies. At the CNIPA's routine press conference for May on May 30, Rui Wenbiao, Director General of the Shanghai Intellectual Property Administration brought the attention to enhancement of IP administrative protection. Shanghai has been waging IP protection campaigns specifically for foreign companies for three straight years, trying 60+ foreign-related patent infringement disputes via the administrative avenue and investigated 1,000+ trademark infringement violations.
 
"Shanghai has been working with IP administrations in neighboring Jiangsu, Zhejiang and Anhui to deepen joint governance of IP protection in the Yangtze Delta Area, rendering equal protection to all types of market participants inclusive of foreign companies, holding regular consulate briefings and dialogues with foreign companies, recognizing foreign companies' need on IP protection, updating them on IP legislations, policies, services and measures and cultivating a good IP protection environment for foreign companies to invest and do business in Shanghai," Rui summarized.
 
Paving way for innovative development
 
Constantly bolstered IP protection has boosted the incessant optimization of China's environment for doing business and made the Chinese market a magnet for foreign investment. According to Wang Linjie, the CCPIT's foreign company service team recently conducted a survey inviting assessments and suggestions on IP protection in China from 168 foreign companies and 9 foreign chambers of commerce. The IP fields mattered to these surveyed companies are high-end manufacturing, next-gen information technology, new materials, conservation of energy/environmental protection, new energy, pharmaceuticals, biotech, agriculture. Over 90% of these companies were satisfied with China's progress and achievements in IP.
 
Wang Wei, CIVC (Comite Interprofessionnel du Vin de Champagne)'s representative to China is well aware of the changes undergoing in IP protection in China. "As a representative of a French brand, I feel IP protection in China is getting better and better. Champagne is a French geographical indication (GI) product. It is given very good protection in China. It is protected as a GI product, certified for registration as a GI collective mark and recognized as a well-known mark by a court," she told China Intellectual Property News reporter.
 
"I would be in Chengdu attending the China Food and Drinks Fair each year. IP protection there has given me a deep impression. Prior to the Fair, law enforcement officers would organize right holders to patrol the exhibition ground together. During the Fair, law enforcement agencies would respond rapidly to IP infringement complaints and cope with alleged infringing products on scene, giving foreign right holders an easy-to-use enforcement avenue,"Wang Wei said.by Feng Fei
 
 
 (Editor Liu Shan