Intellectual property protection in China is a relatively new phenomenon. There is no cultural tradition of respect for the intellectual property rights (IPR) of others. Chinese inventiveness and art through the ages has evolved as strongly as in the Western world but without inhibitions on copying the work of other people.

Far from regarding the reproduction without consent of patented designs, prior art, brands or published work under copyright as theft or plagiarism, the Chinese have followed the Confucian preference for ‘transmission rather than creation’ with the attitude that copying others’ ideas is a form of positive compliment – a reflection perhaps of the Oscar Wilde aphorism that ‘imitation is the sincerest form of flattery’.

Although Western concepts of IPR were introduced to China in the first half of the 20th century and more particularly since the adoption of Deng Xiaoping’s ‘open door’ policy in 1979, the protection of IPR has remained a major concern for all foreign companies seeking to invest, transfer technology or market their branded products. Following World Trade Organization (WTO) entry Chinese enterprises have been under close scrutiny and suffered sanctions for their use of others’ IPR; however, only since 2008, when the State Council issued the Outline of National IPR Strategy accompanied by a series of measures and amendments to previous IPR laws in China, have Western investors and trading partners gained confidence that there is a manageable patent and trademark system that offers proper protection.