Amendments to Chinese Criminal Law Concerning Intellectual Property Crimes

Abstract

Chinese authorities have taken decisive steps to tackle violations of intellectual property (IP) rights in the People’s Republic of China (PRC). The National People’s Congress (NPC) adopted a new amendment to China’s criminal law on December 26, 2020. These regulations entered into force on March 1, 2021. The article aims to draw attention to the recent developments and ways to fight against the IP infringement in China. The study focuses on the IP courts in China and then analyzes the recent amendment to Chinese criminal law. Therefore, it is based on the descriptive and dogmatic methods. The article seeks to answer the question of whether the regulations are effective and significantly prevent the spread of IP infringements in China. It brings us to the conclusion that China’s accession to the WTO was a turning point that influenced the development and the improvement of domestic IP regime. Hence, China became a country with complex, multifaceted, and contentious environment regarding IP rights. One of the most significant changes concern the establishment of IP courts across China. It is too early to determine whether these solutions are effective due to the ongoing COVID-19 pandemic in China.