China Increasing Patent Rights As US Goes The Other Way

Law360, New York (October 22, 2015, 12:40 PM EDT) -- Blaming China for America's economic problems is a familiar refrain. In particular, it is popular to accuse China of not respecting intellectual property rights. Although this has been a legitimate accusation in the past, over the last five years or so, the winds of change have blown. In fact, China has emphasized patent rights much more than the U.S., and created a competitive patent enforcement system that rivals any in the world. Considering the strategic importance of the Chinese business market, China is now arguably the most effective place to enforce patents anywhere. This article provides an overview of how the U.S. has weakened patents, and then explains the genesis of patent rights in China and how the Chinese government has delivered a competitive patent enforcement mechanism in a short time. China may be the (very) new Eastern District of Texas....

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