Keegan Caldwell, global managing partner and founder of law firm Caldwell and a 4×24 member, has urged U.S. businesses to realign their intellectual property strategies in China following significant amendments to Beijing’s IP policy in March.
His comments come in light of the Chinese State Council’s release of March Order No. 801, titled “Provisions of the State Council on the Settlement of Foreign-Related Intellectual Property Disputes,” which introduces changes that empower Chinese companies to assert their rights over patents more aggressively.
In a blog post on the Caldwell website published on Monday, Caldwell stated that Beijing’s revised policy should encourage American companies to explore ways to better protect themselves and to identify new opportunities while conducting business in China. He warned that a generic global IP approach would no longer be effective in the country.
Caldwell recommended that firms adopt “China-specific protocols,” develop a thorough understanding of local regulations and possibly rethink how they deploy sensitive technology in the Chinese market.
He pointed out that the Chinese government’s counterstrategy is based on four main pillars: positioning intellectual property as a diplomatic tool and using it for economic retaliation, encouraging Chinese companies to file patents aggressively abroad, and asserting national sovereignty over how foreign tech companies operate within its borders.
Caldwell emphasized that using IP rules as a strategic weapon is becoming the new normal, with both the United States and China using them to maintain a competitive advantage. “In 2025 and beyond, ready or not, your IP strategy is your geopolitical strategy,” he said.