Members of Shanghai's Australian business community got an upbeat message about protecting intellectual property rights in China at a lively AustCham breakfast seminar last week.

Ted Marr, practice manager for Allens Arthur Robinson's, told attendees to ignore what he described as "urban legend and street scuttlebutt" when looking at the legal framework for the protection of intellectual property in China.

"Over the last 17 years or so in China, there has, in fact, developed a very well established and clearly defined body of law covering intellectual property rights," Marr said.

"In China there are many tribunals, courts and state agencies that are dealing with IPR issues, and companies can seek recourse to these bodies to have their rights protected and asserted and, in many ways, China has a legal system that is quite mature and effective."

Marr has practised law and specialized in IPR disputes in China for the past 21 years. He warned that companies had to make sure they had good systems in place to avoid potential IPR issues.

"A company cannot simply avoid IPR issues. It is a part of doing business anywhere not just in China, and companies have to engage with the issue and engage with it early," Marr told the AustCham seminar.

(Shanghai Daily July 14, 2008)