As the number of patent applications being filed is on the increase and more patent rights are being granted in China, foreign companies are starting to feel concerned as to whether their patents can be enforced in China. Until recently, the Chinese legal system has been a mystery to Western-trained lawyers. Chinese intellectual property (IP) law is relatively new, and the interpretation of Chinese IP law appears not to be uniform and is unpredictably applied. This article is intended only as an introduction for foreign attorneys to familiarize themselves with IP protection in the People’s Republic of China (PRC), especially concerning enforcement of patents in China.
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