Harold C. Wegner

Editor's Note: China is grappling with intellectual property rights (IPR) issues, and cheap copycat products have infiltrated many markets. How can it improve IPR, provide a fair environment for foreign firms, and foster domestic innovation? What role can international cooperation on IPR play? Global Times (GT) reporter Tang Zhao talked to Harold C. Wegner (Wegner), a former patent examiner at the US Department of Commerce, on these issues.

GT: China has been criticized in some reports for its lack of IP protection. What role does China need to play?

Wegner: China is a leader, as it is the largest patent granting country in the world. Last year, China had nearly 977,000 patent applications, which was about twice the amount of Japan, or four times the amount of the US. We have to work together to have a common system but we have to share the work. Obviously, China is a major player, so it would be crazy if we had a system without China. As a matter of fact, China is taking a very positive role to shape cooperation with other countries.

GT: Many multinational corporations have expressed worries over IP issues when doing businesses in China. What are their concerns?

Wegner: They are concerned about losing cases. Every time you lose cases, you blame somebody. It's much easier to say someone made the mistake. Most losses are because people do not understand local laws. They didn't file proper cases with proper litigation strategies.

I think the reason the majority of US companies lost cases is because they didn't have proper representation or they made strategic mistakes. But I think it's changing now. Many patent litigation cases were filed several years ago when Americans had much lower understanding of the sophistication of Chinese patent laws. But now I think they are gaining greater knowledge.