中国法律博客
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This Sounds Familiar – IP Lawyer Edition
媒体来源: 中国法律博客

Red Kemp asks whether more IP professionals in China will necessarily lead to better IP enforcement (h/t China Law Blog).

Of course it will. Consider the following (also read my post on the IPR Roundtable, where this topic came up repeatedly):

1. The biggest problem with China trademarks is pendency (2+ years currently for registration; God knows how long for TRAB actions). More examiners = more trademarks. Without trademarks, you got nothing to protect.

2. One of the biggest problems in the copyright area is that NCAC doesn't have any people to perform raids. We're talking something like 200 people nationwide??? Throw a few more folks into that area and it will have to be an improvement.

3. Ditto with the cops – additional trained white collar crime types at PSB would do wonders.

4. With respect to private IP lawyers, I agree with Dan that more lawyers equals more action in this area, and more agitation for IP enforcement. Train a lawyer to do a certain job and chances are something will happen.

5. IP training – I am teaching an IP class next week at a university here. If they'll let me teach, there must be a huge demand for instructors. Most likely all the really qualified professors are already taken. Heh heh. But seriously, I think IP instruction is good in a technical sense, but like with other areas of the law here, students get out of school with no idea how to do anything. To really get this problem solved, adequate transactional experience is the key, not just sitting down with a book and learning abstract theory.

6. Basic point: money. There are zillions of folks working at thousands of IP agencies all over this country who are qualified professionals. These guys are all chasing the same work, and some of them are barely making any money at all. If SAIC, for example, had a big boost to its budget for salaries and training, maybe it could attract some of these folks back into government service. The warm bodies are already out there.