CHRIS McCANDLESS
Portland, OR

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Pros And Cons Of China’s Property Laws

By on December 5, 2017

People are the main assets of any country. It is their brains that lead any nation towards the pathway of development. For sustainable development and proper distribution of resources, there have to be guiding principles which can utilise manpower to the optimum. For this purpose, China, one of the fastest growing economies has laid foundation for protecting intellectual property rights since 1979. This includes patents, copy rights and trademarks.  Firm laws have been introduced to protect peoples’ interests and concrete legal frame work has come in to force to protect both national, international and China intellectual property. In spite of all this, there have been reports that copy right laws have been violated and that violators are top most business class from automotive and electronics industries.  After a series of violations PRC (People Republic of China) joined the World and China intellectual property Organisation.

China’s Property Laws

How is the law laid?                                                                           

A three step property protection has been framed to exercise the law systematically- patent law, Trademark law and Copyright law.

Trademark law: This is framed to administer trademarks and to protect general interests of Trademarks owners and also to give them exclusive rights for a product. Under this, quality control and maintenance should be taken care for the products bearing registered trademarks.

Copyright law: This law, implemented in 1990, is discharged by the copy right law of the PRC. The copyright term is the author’s life plus 50 years.  There is also the clause of Copy right registration. Though it is not compulsory to get copyright registration done it is better for literary works to get it done. This avoids any kind of proprietary disputes.

Patent law: This was passed to promote science and technology development and to encourage innovation and creation.

Other important laws: In the year 1986, some other laws were also framed in addition to the above to protect civil rights and regulations.  General Principles of Civil law deal with intellectual property.

Though dynamic efforts were put to frame work laws and enforce them, without proper education about the importance of these laws these cannot be enforced. It so happens in many countries that law violators take security under the shelter of local influential people like governing authorities by bribing or threatening them. Such unlawful acts stand as obstacles in reinforcing laws and losing the whole motto of creating them.

What top countries say?

Three years back US Trade representative put China in priority list for violation of intellectual property rights. It warned that if this does not get stopped immediately there is a threat of losing world business. It also said that China has to abide the rules of WTO.

The set framework of laws has to be discharged in a systematic way. Only then the purpose of implementation of laws can become a fruitful venture.

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