China's Indigenous IP Policies -- Here to Stay?

Prud'homme, Dan (2013): China's Indigenous IP Policies -- Here to Stay? Published in: Managing Intellectual Property No. 233 (October 2013): pp. 24-27.

Abstract

In 2010 and 2011, foreign businesses and governments welcomed measures believed to dramatically reform a highly controversial branch of China’s indigenous innovation policy which provided government procurement preferences to applicants who can meet restrictive indigenous intellectual property (IP) rights requirements. However, this article describes specific examples of (what can be labeled) China’s “indigenous IP policy” that are still very much in force, in particular several programs linking restrictive IP requirements to monetary incentives outside of government procurement preferences. The article lists seven reasons why this policy system is not likely to be overhauled anytime soon, and concludes with several recommendations for international rights holders to respond to the system.

• Item Type: MPRA Paper
• Language: English
• Keywords: indigenous IP; indigenous innovation; China; zizhu zhishi chanquan; invention incentives; patent incentives
• Subjects: O - Economic Development, Innovation, Technological Change, and Growth > O3 - Innovation ; Research and Development ; Technological Change ; Intellectual Property Rights > O31 - Innovation and Invention: Processes and Incentives; O - Economic Development, Innovation, Technological Change, and Growth > O3 - Innovation ; Research and Development ; Technological Change ; Intellectual Property Rights > O33 - Technological Change: Choices and Consequences ; Diffusion Processes; O - Economic Development, Innovation, Technological Change, and Growth > O3 - Innovation ; Research and Development ; Technological Change ; Intellectual Property Rights > O34 - Intellectual Property and Intellectual Capital; O - Economic Development, Innovation, Technological Change, and Growth > O3 - Innovation ; Research and Development ; Technological Change ; Intellectual Property Rights > O38 - Government Policy

References

Prud'homme, D. (2012) Dulling the Cutting Edge: How Patent-Related Policies and Practices Hamper Innovation in China. Beijing, PRC: EU Chamber Pubs.

Consultations with several Chinese academics in Beijing (names to be anonymous), Nov 2012-May 2013

Consultations with several Chinese government officials in Beijing (names to be anonymous), Nov 2012-May 2013

Prud'homme, D. (2013) China's Strategic Emerging Industries Innovation Strategy: Overview and Implications for Foreign Innovators. RL Working Paper.