Enforcement against Counterfeiting in the People’s Republic of China

Chow, Daniel C.K. | January 1, 2000

Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China’s many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement system against counterfeiting in China and examines the legal problems that prevent more effective enforcement in China.25 After reviewing China’s current issues, this Part will then analyze and suggest different ways of viewing and handling some of the same issues, based in some measure on United States law and practice.26 No attempt is made here to criticize the Chinese government for its current efforts in enforcing trademark rights against counterfeiting. Rather, this Article is intended to present China with some alternative ways of viewing and handling some of these difficult issues and to serve as a basis for exchange and dialogue between the United States and China. Part I concludes with some observations about the future of counterfeiting in China.