Chinese Intellectual Property and Technology Laws

Chinese Intellectual Property and Technology Laws

Edited by Rohan Kariyawasam

Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.

Chapter 14: Practical Enforcement of IP in China: Suggestions and Comments from the Quality Brands Protection Committee (QBPC)

Jack Chang

Subjects: asian studies, asian innovation and technology, asian law, innovation and technology, asian innovation, law - academic, asian law, intellectual property law, internet and technology law


Jack Chang1 14.1. THE BACKGROUND AND HISTORY OF THE QBPC The open policy adopted by China and her switch from a planned economy to a market economy system in 1978 attracted foreign investors from all over the world to set up manufacturing operations and develop businesses. Foreign Invested Enterprises (FIEs) soon realized that in this new world of opportunities, they were facing unprecedented challenges with the counterfeiting of trademarks. Some brand owners set up local brand protection offices in the 1990s, striving for ways to tackle counterfeiting problems, while many brand owners did not have the internal resources but hoped that the Chinese government would help them resolve the problem if they were more proactive with complaints. However, these complaints were often made without enough supporting facts or (even worse) led to negative press for China, where foreign brand owners had made investments. In early 1998, representatives from British American Tobacco, CocaCola, Gillette, Johnson & Johnson, Nike, S.C. Johnson, Unilever and Procter & Gamble started meeting on an ad hoc basis to find ways to effectively fight the counterfeiters. The consensus was that no silver bullets existed and that no one company could fight the battle against Chairman of the Quality Brands Protection Committee and Senior IP Counsel, GE Asia. The QBPC is a subcommittee of the China Association of Enterprises with Foreign Investment (CAEFI), and represents the interests of foreign multinationals working in China. See the QBPC’s website at: http://www., accessed July 2010. 367 1 M2666 - KARIYAWASAM TEXT.indd...

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