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

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