Punitive Excess? Assessing China’s Criminal IP Regime

Abstract China’s criminal intellectual property (IP) enforcement regime has expanded over recent decades, raising questions regarding whether its strengthened criminal sanctions amount to punitive excess or a calibrated deterrent. This chapter critically evaluates China’s approach to criminalizing IP violations in light of both domestic policy goals and comparative global enforcement trends. It examines the interplay between civil, administrative, and criminal remedies, highlighting the misalignments and challenges of harmonizing these three approaches within China’s civil law system. In response to international pressure and treaty obligations, Chinese lawmakers have lowered criminal liability thresholds and increased penalties for IP offences. Yet, in practice, China exercises caution by reserving criminal prosecution for severe infringements, relying primarily on civil and administrative remedies for routine cases. This chapter’s analysis underscores how this deliberate balance between deterrence and over-criminalization reflects China’s broader policy context: the need to deter serious infringement and satisfy foreign pressure without stifling innovation or over-penalizing minor violations. China’s restrained use of criminal sanctions can offer a nuanced enforcement model that prioritizes proportionality and legal coherence.