Rapid changes in the Chinese legal system, an increasingly attractive venue for IP litigation

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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