The question of whether China’s IP system privileges domestic companies has provoked plenty of debate on this blog and elsewhere in the past. Most recently, we reported last week that non-Chinese plaintiffs in civil lawsuits at the Beijing IP Court had a perfect 65-0 win rate last year, a finding that surprised some of the readers we heard back from. A more rigorous study published in Issue 76 of IAM found an overall 70% win rate for foreign companies in Chinese IP suits, concluding that the system “often benefits foreign interests at the expense of domestic ones”. Enforcement, though, is only possible if you have a granted patent in the first place. And a new study suggests that the patent examination process may present what the authors call a “subtler barrier” to overseas corporates.

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