China’s IP courts have become a far more credible forum for foreign companies. In 2003 in a private discussion with Dr. Feng Gang, then Senior Judge of the No. 2 Intermediate People’s Court of Beijing, I was told his study indicated foreign parties prevailing against local parties in IP infringement cases at roughly a 2:1 rate. Our follow up research indicates this ratio persisted until today.
There are several reasons for that result. First, our court room experience indicates that foreign companies often take litigation more seriously and are represented by stronger counsel; they also tend to hold higher-value IP, including core technology patents and well-known trademarks, which makes their claims easier to substantiate and their cases more consequential.
That trend also reflects a broader policy shift. China has made sustained efforts to present itself as a destination for international investment, and a fair, predictable legal system has been essential to that strategy; the SPC has repeatedly emphasized equal protection for domestic and foreign rights holders and the growing number of foreign-related IP cases reflects that trend.
Further, Chinese judges are increasingly sophisticated, more comfortable with complex technical records, and more willing to issue reasoned decisions that turn on evidence.
The practical takeaway is clear: foreign companies should not assume a home-court disadvantage in China. With strong evidence and a well-structured case, they can expect a fair result and a meaningful chance of success in Chinese IP litigation.