After the US initiated two WTO cases* against it last year, China has since worked to develop a National IP Strategy, requiring China to “explore the possibility of establishing specialized IP courts to deal with IP-related civil, administrative, and criminal cases.” The strategy was developed by China's National Working Group for IPR Protection, which was established in 2005. The body is made up of 13 officials from 12 IP-related agencies and ministries, such as Commerce, State Intellectual Property Office, and Customs.
Released June 17, this new, unified system would help to more easily transfer administrative cases to criminal enforcement courts. The new strategy also seeks to realign jursidiction in order to appropriately address cases requiring specific, technical knowledge, such as with patents. Successful implementation of this strategy would result in:
This series of events validates the effectiveness of escalating trade malpractices to the WTO. So long as overarching governance systems are in place to provide check and balances, neutralizing the economic disparaties globally becomes an more approachable issue. Although time will tell whether this strategy truly addresses global concerns of Chinese IP policy and enforcement, steps are being made by the country to advance in the right direction. Engaging its more developed trade partners to share best practices in trade will provide a wider range of perspectives on the matter, while allowing countries like the US feel as though they are being heard.
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* The first case opened against China was in response to an absence of protecting and enforcing copyrights and trademarks, and the second on China's obstruction of trade of books, videos, music, and films.
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