Why does China increasingly treat intellectual property as a strategic instrument of national development, international influence, and global governance while the United States often continues to view it primarily through the lens of enforcement and compliance? Building on my recent article with former USPTO Director David Kappos in The National Interest, this essay argues that intellectual property should be viewed as a central issue of foreign policy rather than as a specialized area of law. Recent Chinese writings emphasize the development of an indigenous intellectual property knowledge system and greater international “discourse power,” while U.S. policy remains focused on criminal enforcement campaigns and “IP theft.” If the United States wishes to preserve a market-oriented international intellectual property system, it must modernize its own laws, renew engagement with China’s civil IP institutions, emphasize transparency and private rights, and recognize that competition increasingly extends to the institutions, concepts, and norms that will govern the future of innovation.
The New Civil Code and the Metal Ox
China’s new Civil Code came into effect January 1, 2021. Here are some IP resources and a link to a translation.
NPC Passes Revised Copyright Law — Concluding a Robust IP Legislative Agenda For the Past Two Years
According to press reports, an amended Copyright Law was passed on Singles Day, November 11, 2020. The prior NPC drafts was discussed here, and the State Council draft was discussed here. An […]
SPC Sets Up Team to Work on Civil Law Reform – IP Likely Continues in the Mix
On May 12, the SPC set up a civil law codification team, chaired by Vice Presidents Xi Xiaoming, He Rong, Tao Kaiyuan, with Du Wanhua 杜万华 serving as Director of the Office. […]
