China and U.S.: IP “Competition” and “Cooperation”

    By Tommy Zhang(China IP)
    Updated: 2012-10-31

    As the world’s largest developing country and the largest developed country, China and the United States maintain a relationship that can affect the political and economic order of the entire world. China-U.S. relationship is a combination of competition and cooperation and this unique feature has become a consensus of all parties. The “competing yet cooperating” relationship between China and the U.S. is also fully embodied in the field of intellectual property adjudication. The legislative, judicial and administrative organs of both China and the U.S. have the same targets, including establishing fair and reasonable IP system and mechanisms, effectively protecting the interests of right holders under the conditions of a market economy, encouraging and protecting innovation and attracting more innovative talents and businesses. At the same time, both of the two countries are sparing no effort to seek the maximum protection over the intellectual properties of their citizens and companies, so conflicts of interests and competition between the two countries are inevitable.

    In the backdrop of world’s economic integration, the two countries see more and more mutual investments and the two economies have become increasingly interdependent. One country’s loss can cause larger losses for both sides. However, China and the United States are fundamentally different in their legal systems and institutional framework. Even with the same targets, the two countries have very different legal provisions. The two sides should strengthen communication and cooperation, fully understand each other’s judicial system and eliminate misinterpretations and misunderstandings due to differences in cultural and social systems in order to better achieve the fundamental purposes and values of their respective legal systems.

    The “United States-China Intellectual Property Adjudication Conference” shows that the two countries are moving towards cooperation and development in the intellectual property field. The conference attracted judges from United States Court of Appeals for the Federal Circuit, officials of United States Patent and Trademark Office, renowned American lawyers, and the U.S. business representatives. It also attracted judges from the Chinese courts, academic experts, representatives of well-known Chinese enterprises and equally respected Chinese lawyers.

    As a professional magazine committed to international IP exchange and communication, while applauding for the conference, we are more willing to become a participant and witness of the Sino-US IP cooperation and development!



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