Global trend setting or introverted nationalism? This is the debate raging over the Chinese WAPI system, a substitute for Wi-Fi which is currently prohibited for use in Chinese cellular devices. Promoted by the government, the WAPI system is alleged to plug gaps in security and protect wireless internet users. This issue hit the spotlight as a result of consumer frustration over the government block on the iPhone’s Wi-Fi function, debating whether China was interested in true industry development or whether it was a reaction against other countries’ wireless standards.
Some argue that homegrown standards like WAPI are necessary for an industry’s development, arguing that China should not have to use other countries’ wireless internet standards forever. Wi-Fi was not blocked in order to promote WAPI, but because Wi-Fi did not sufficiently protect its users from problems such data loss and invasions of the network. Producing a fruitful industry is more important in the long-run, and the ministry is very supportive of the WAPI system.
Others argue China disabled Wi-Fi because of WAPI. In order to promote this so-called national innovation, China disabled Wi-Fi and sacrificed the interests of millions of cell phone users who can’t freely and conveniently access the mobile Web, many taking the risk of buying a smuggled phone on the booming gray market, particularly the iPhone. Homegrown intellectual property rights may bring profits for the country but something is only a success if it is accepted by the customers and markets. Opponents of WAPI argue manufactures did not suffer by Wi-Fi being disabled because integrating the standards is cheap and easy because it only needs a software update. Rather, Chinese consumers did and have been unable to obtain legitimate wireless internet access.
WAPI was finally recognized by the International Organization for Standardization (ISO) last June. Soon after, the Ministry of Industry and Information Technology issued a notice to mobile phone manufacturers allowing them to enable Wi-Fi on handsets if they integrate the homegrown standard, arguing that WAPI is generally the same as Wi-Fi only with extra security protocols to resolve the existing security loopholes in Wi-Fi.
The booming grey market for iPhones is indicative of a demand for the high-technology that is necessary to keep up with modern, proactive Chinese people and businesses, as well as the rest of the world. In an era dominated by quick, convenient wireless technologies, many businesses may have concerns regarding their company’s intellectual property rights. Scott Garner, Director of Lehman, Lee, and Xu Law Firm’s Shanghai office, stated “We are a leading firm in the protection of intellectual property rights in China and have worked with some of the largest businesses in the world to stop the counterfeiting of their products. We excel at maintaining up-to-date information in the dynamic world of Chinese intellectual property rights, and are prepared to tailor our services to fit any of our clients’ needs.”
Lehman, Lee & Xu is one of the first five private law firms established in the People’s Republic of China. After nearly twenty years of practice and development, Lehman, Lee & Xu now has more than two hundred patent, trademark and PRC-licensed attorneys working in numerous branch offices located in the most-developed cities in China. As one of the leading IP firms in China, Lehman, Lee & Xu provides high quality legal service to its clients and has been consistently rated among the top five IP law firms in China. Lehman, Lee & Xu is also a top-three commercial law firm, and has provided a variety of commercial legal services to hundreds of clients, many of them multinational corporations (MNCs) and Fortune 100 companies. The firm’s diverse catalog of commercial services covers foreign direct investment (FDI), merger and acquisition (M&A), tax, employment and many other areas.
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