Intellectual Property Legislation Holism in China

Abstract

<p>This article argues that conventional analysis of China's intellectual property (IP) system, which focuses narrowly on the adequacy of rights protection, overlooks a fundamental transformation in its legislative philosophy. The author contends that since the promulgation of the <em>Outline of National Intellectual Property Strategy</em> in 2008, China has adopted an approach of "intellectual property legislation holism". This holistic framework moves beyond mere protection to systematically address the entire innovation lifecycle, encompassing five key pillars: the creation of intellectual products, the implementation of IP rights, the management of IP assets, the development of IP-related services, and the protection of rights. This approach is characterized by the integration of pluralistic innovation policies directly into IP law, utilizing a mix of incentives such as prizes, grants, government procurement preferences, and tax credits to stimulate innovation.<br>​​​​​​​This state-driven system reflects China's strategic goal of building an innovative nation, leveraging a coordinated national strategy to concentrate resources and overcome developmental challenges. The article analyzes the practical manifestations of this holism, including the establishment of IP trading platforms to facilitate implementation , the promotion of standardized corporate IP management systems , and the creation of a "dual-track" enforcement system that combines judicial protection with robust administrative protection. While this comprehensive, state-driven approach may offer a potent model for emerging economies to enhance domestic innovative capacity, it also presents significant challenges, including the risk of inefficient resource allocation due to flawed government decision-making and the potential for rent-seeking behavior by officials.<br></p>