Why China's administrative agencies should not be given new power

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Why China's administrative agencies should not be given new power

A leading Chinese academic has told Managing IP that amendments to the country’s IP laws should strengthen the role of the courts rather than giving more power to local administrative agencies

China is due to revise three major pieces of legislation in the next few years: the Patent, Copyright and Trade Mark Acts.

But Liu Chuntian, professor of law at Renmin University of China and an influential adviser on intellectual property law, said that the changes should ensure that the courts are given more powers to enforce the law.

“There is a push by some administrative agencies to give more power to the local agencies, and I am concerned that this might hurt the balance of power and the rule of law by giving them too much power,” Liu told Managing IP.

“If the local agencies are given more power, there is greater concern for abuse, and that they will set up burdens and hurdles to businesses.”

The vagaries of administrative enforcement in China have long been the subject of complaint among IP owners in China. While many administrative officers work efficiently and effectively, some local agencies have a reputation for protectionism and corruption.

During the interview, Liu also questioned whether SIPO, China’s state intellectual property office, has the necessary clout to oversee the implementation of the country’s National IP Strategy.

He said that SIPO, a body at the vice-ministry level of China’s government, must co-ordinate 29 ministry-level agencies who are putting the strategy into practice.

“Plans like the National IP strategy require a very high level of coordination between the government agencies and I think there are some difficulties in achieving this. Japan has a similar IP strategy, but its plan is led by the Prime Minister’s office, which has a lot more influence than SIPO within the Chinese government,” he said.

more from across site and SHARED ros bottom lb

More from across our site

A $110 million US verdict against Apple and an appellate order staying a $39 million trademark infringement finding against Amazon were also among the top talking points
Attorneys are watching how AI affects trademark registrations and whether a SCOTUS ruling from last year will have broader free speech implications
Patent lawyers explain why they will be keeping an eye on the implications of a pharma case and on changes at the USPTO in the second half of 2025
The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
Gift this article