For
many years, foreign companies were reluctant to seek and enforce intellectual
property protection in China. A combination of challenging litigation
with low damages, the lack of ability to effectively enforce judgments,
allegations of protectionism by the courts; a lack of ability to patent certain
subject matter, a lack of transparency on legal matters and other factors made
China a less desirable jurisdiction. The Chinese intellectual property
legal system has matured rapidly, however. From improvements in the scope
of allowable patent subject matter to enhancements of litigation options, and a
strong desire by China to be seen as having a level playing field for all
parties, China deserves a second look.
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