Over the past two decades, a sophisticated intellectual property law system has developed in support of China’s transition to economic superpower. In today’s global economy, it is crucial that international marketers understand how to navigate this new system to best protect their intellectual property rights. China allows for two distinct procedures by which intellectual property assets may be protected, one judicial and the other administrative. Each choice holds distinct advantages and disadvantages for a party seeking to enforce its rights. Making the best choice involves familiarization with the particulars of each procedure and gauging the likelihood of a successful outcome. The details of these procedures, along with their benefits and drawbacks, are surveyed here to provide a cursory understanding of intellectual property rights in China.
Jeffery M. Duncan, Michelle A. Sherwood, & Yuanlin Shen, A Comparison Between the Judicial and Administrative Routes to Enforce Intellectual Property Rights In China, 7 J. Marshall Rev. Intell. Prop. L. 529 (2008)