China vows to adopt ‘stringent’ IP system during WIPO meeting

China is in the “critical stage” of improving the quality and stringency of its IP protection system, according to Chinese Premier Li Keqiang.

Li shared the remarks yesterday in a meeting with Francis Gurry, director general of the World Intellectual Property Organization (WIPO), in Beijing.

The pair met during a “high level meeting” on IP rights relating to the Belt and Road Initiative, which is a development designed to boost trade throughout Asia.

More than 100 countries and international organisations have signed cooperation agreements with China on the initiative since it was introduced five years ago, and representatives from 29 countries attended last year’s Belt and Road cooperation summit.

Yesterday, Li told Gurry that protecting IP rights is “an inevitable requirement for achieving innovative development”, before sharing a letter from President Xi Jinping on the topic.

The President said that IP is crucial in promoting the development of the Belt and Road Initiative, and expressed his desire to continue working with the international community to promote innovation.

He also shared his hope that international communication and cooperation will lead to more effective protection for, and use of, IP rights.

Li said China is committed to “upgrading” its quality of IP laws and “severely” punishing those who violate IP rights. He added that domestic and foreign businesses are treated equally and provided with equal IP protection in China.

Speaking to WIPR, Steven Yang, managing partner at Co-Talent IP Firm in Beijing, said that while those who violate IP rights are not currently being severely punished, “it’s just a matter of time”.

He suggested that the burden of proof for those bringing an IP complaint should be reduced and deterrence be increased by introducing punitive damages for IP violations.

China’s State Intellectual Property Office said it plans to introduce punitive damages for IP infringements in April, though this has not yet been implemented.

Yang also explained that currently, there is no criminal sanction for patent infringement in China, although the equivalent punishment has been introduced for trademark and copyright infringement.

In yesterday’s meeting, Li claimed that China is willing to continue deepening its cooperation with WIPO” in efforts to “jointly promote the establishment of an open, inclusive, balanced, and effective international IP law”.

Gurry called China’s achievements in relation to IP “amazing”, according to the release shared by the Chinese government.

“In the past 40 years, China has established a high-level IP protection system, which regards IP as the driving force for innovation and economic development, and treats Chinese and foreign companies equally,” the release said.

China and WIPO began to discuss a partnership in 2014, after WIPO identified “significant gains” in China’s stance on IP.

The Belt and Road meeting on IP rights comes shortly after the US imposed tariffs on $50 billion of goods from China in response to “several unfair practices related to the acquisition of American IP and technology”.