Although harmonization efforts such as the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Corporation Treaty regime have brought national patent systems closer, differences among them remain a continuing challenge to innovators in an interconnected global marketplace. The recent development of the Chinese patent system is of particular interest because China is the factory of the world, the most populous market, the home of the patent office that handles the most patent application filings, and the number one source of imports that violate intellectual property rights (IPR). Its patent system affects every company whose supply chain, competitor or market footprint touches China. Moreover, developing countries are increasingly looking to China for an alternative IPR model. China’s patent system may well be the basis of new norms for other emerging economies.
Benjamin Piwei Liu, Chinese Patents as Copyrights, 34 Campbell L. Rev. 685 (2012).