New regulations have established a system for seizure of counterfeit goods by customs authorities at China's major ports. Foreign parties cannot effectively make use of the enforcement system. Moreover, U.S. corporations such as Microsoft and 3M have successfully used the criminal justice system and the police for seizure of counterfeit products. China now has the basic framework for legal protection of intellectual property rights. Nonetheless, taking a realistic approach to intellectual property rights protection in China is still important.
Legal protection is merely the starting point for protection of intellectual property rights.
The owner of intellectual property must go beyond the legal documents to take a realistic and practical approach to protection. If the owner wishes to maintain exclusive control over the technology, then it is necessary to maintain strict, active control over access to the technology. Often it is more practical simply to accept some loss of control over the technology in order to accommodate the needs of the foreign partner. Recognize the desire of the foreign partner to gain access to the technology and create an environment where the foreign partner will be open about its use of the technology. Protecting intellectual property in China requires using both the legal system and practical techniques.