Mr. Buxbaum’s first trip to China was 38 years ago. He was the first American lawyer invited to China to represent foreign parties in 1972, three weeks after President Nixon’s historic visit. He had handled lots of international intellectual property litigations in China, the most impressed one was the software copyright lawsuit between Microsoft and Juren in 1993.
During his half a century’s sojourn in Asia, Mr. Buxbaum has become an experienced and highly respected practitioner in law field and also a Sinologue who is fluent in both oral and written Chinese. On March 27th, Mr. Buxbaum accepted GIPB magazine’s special interview and talk about IP issues of China.
With abundant experience and research in China’s law field, Mr. Buxbaum has a very clear understanding of China’s IP law and legal institution. From the perspective of a foreign attorney to see the status of China’s IPR protection, his words are frank and straight-forward. In his opinion, Chinese government has been making efforts to enhance the legal provisions and now China’s IP law is good and basically meets the requirements of international standards, but the enforcement of the law has lots of problems. There is a long road for China’s legal system and image-management of Chinese courts to be improved.
He suggested that China should build specialized intellectual property courts and enact a special law of evidence so as to enhance IP protection. In his opinion, appointing well-qualified judges and improving the salary of judges will also be helpful to the enforcement of IP law.
By giving speech or making publications in magazines, Mr. Buxbaum acts as an professional consultant in international IP affairs who is the director of IP committee of South American chamber of commerce and gives advices to enterprises’ IP strategy. He also gave lots of suggestions to Chinese enterprises which plan to make investment in abroad, for example, Chinese companies should make a particular budget for IPR protection each year, especially for the large corporations, they should hire good attorneys or agencies to act for IP affairs. etc.
GIPB: Mr. Buxbaum, you witnessed how we established diplomatic relations and also the process of economic exchanges between China and USA. Lots of American enterprises have gained huge benefits by investing in China, and some ended in failure. What’s your advice for overseas companies which plan to make investment in China?
Buxbaum: It’s a complex question, because different company is in different circumstance. No matter where to make investment in, first of all, you should have a good understanding of the area’s current status, such as economic conditions, legal system, and market situation.
GIPB: Viewing from your decades’ experience in China, what do you think of China’s current status of IPR protection?