IP and Innovation Law
This article argues that conventional analysis of China’s intellectual property (IP) system, which focuses narrowly on the adequacy of rights protection, overlooks a fundamental transformation in its legislative philosophy. The author contends that since the promulgation of the Outline of National Intellectual Property Strategy in 2008, China has adopted an approach of “intellectual property legislation holism”. This holistic framework moves beyond mere protection to systematically address the entire innovation lifecycle, encompassing five key pillars: the creation of intellectual products, the implementation of IP rights, the management of IP assets, the development of IP-related services, and the protection of rights. This approach is characterized by the integration of pluralistic innovation policies directly into IP law, utilizing a mix of incentives such as prizes, grants, government procurement preferences, and tax credits to stimulate innovation.
This state-driven system reflects China’s strategic goal of building an innovative nation, leveraging a coordinated national strategy to concentrate resources and overcome developmental challenges. The article analyzes the practical manifestations of this holism, including the establishment of IP trading platforms to facilitate implementation , the promotion of standardized corporate IP management systems , and the creation of a “dual-track” enforcement system that combines judicial protection with robust administrative protection. While this comprehensive, state-driven approach may offer a potent model for emerging economies to enhance domestic innovative capacity, it also presents significant challenges, including the risk of inefficient resource allocation due to flawed government decision-making and the potential for rent-seeking behavior by officials.
View full article here: https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?params=/context/alr/article/1098/&path_info=081_140___Guan___Intellectual_Property_Legislation_Holism_in_China.pdf.
Author: Taorui Guan
Published in University of Pennsylvania Asian Law Review, University of Pennsylvania School of Law, 2023, v. 19, n. 1, p. 81-140.