The history of China's legislation of Intellectual Property Law (IP Law) began at the end of the Qing Dynasty. The "Copyright Law of the Qing Dynasty" was the first copyright law in our country and issued in 1910 by the Qing Dynasty. However, it had never been executed.

Intellectual Property Rights (IPRs) have been acknowledged and protected in China since 1979. China has acceded to the major international conventions on protection of IPRs. Domestically, protection of IP Law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property.

In 1980, China became a member of the World Intellectual Property Organization (WIPO). It has patterned its IPR laws on the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). We think since then, China has basically brought its intellectual property protection level near the international standards. Here, we want to share some personal ideas about IPRs protection in China based on the current legal framework of Chinese IP Law. What we discuss is with our own knowledge and legal practice and is just for your reference.

Zhong Yi, Attorney at Law, Shanghai Runhe Law Firm
Member of the Shanghai Bar Association Intellectual Property Rights and Foreign-related Law Research Committee