Download or read book 50 Frequently Asked Questions about IP in China written by and published by . This book was released on 2020 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The China IPR SME Helpdesk is a project launched in 2008 by the European Union in order to assist SMEs in protecting their Intellectual Property (IP) when doing business in or with China. During the past eight years of its operation, the Helpdesk has received thousands of questions from SMEs representing all industry sectors and EU Member States about how to protect, manage and enforce their Intellectual Property Rights (IPR) in China. This publication gives a snapshot of the most frequently asked questions and provides brief answers to them. The information in this handbook is nonexhaustive, but aims to clarify the basics.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A British SME with a registered trade mark in China found several counterfeits of its products on a popular e-commerce platform. Before starting a take-down action, the Helpdesk recommended to proceed with a search for basic information from the Chinese company infringing their rights. The Chinese company had an offline shop in a popular market in Guangzhou where the EU SME sent an investigator to collect further evidences of trade mark infringement. The investigator organised notarised purchase and notarised pictures of the infringing products. Once the case was built, the dossier was filed with the local AIC (Administration of Industry and Commerce). The AIC proceed with a surprise administrative raid action. They seize the infringing products and a month later issued an administrative notice fining the Chinese company for trade mark infringement. The fine notice is an administrative decision that could be used as evidence of trade mark infringement. The company rightfully decided to use it for several follow-up actions: - to speed-up the take-down of the Chinese counterfeiter's infringing links on several e-commerce platforms, - to send a warning letter to the Guangzhou market hosting the infringing shop based on the prohibition to sell goods infringing on registered trade mark rights, and - to ask for damages with the civil court.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Filing proper intellectual property (IP) registrations before you start doing business in China is essential in order to protect your company's intangible assets and provide the ground work in case you need to enforce your rights in China. As an EU SME, if you plan to apply for a trade mark or a patent in China, you may be able to extend your domestic registrations to China or you may need to, or prefer to, register patents directly with the National Intellectual Property Administration (CNIPA) or trademarks with the Trade Mark Office of CNIPA. In either scenario, you may want to, or be required to (see section 2), hire a local professional IP agent or lawyer to do the registration on your behalf. In general, it is not necessary to hire an agent to complete the copyright recordal process due to the straightforward nature of the application. For more information please see the China IPR SME Helpdesk Guide to Copyrights in China. In practice, where and how to find a good IP agent in China is a common concern for SMEs. This guide provides some basic guidelines, tips and sources on how to find a trade mark or patent agent and what to look out for when choosing the right agent for you.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual property rights (IPR) available in China are similar to those available in Europe. The registered rights available are invention patents, utility patents, design patents and trade marks. Copyright can also be recorded. There are unregistered rights derived from the law on trade secrets and unfair competition but these are difficult to rely on and it is therefore advised that rights owners register their IP with the relevant authorities. As always, the first step is to register the IP rights that your company wishes to protect. Then put in place procedures to monitor trade fairs, online sellers, and any other areas where infringing products might be sold or marketed. Assuming you have registered your IP and found it being infringed then you will want to enforce it. How will you find it being infringed? Your customers might tell you about competing products, you might find infringements for sale on the internet or you might see infringing products at a trade fair. You should follow-up this type of tip-off, for example, by hiring law firms or private investigators operating in accordance with the Chinese law in order to gather more information about the company marketing the product. The investigation can help you discover the following: is it a big company; what is its production capacity; how long has it been in the market; to whom does it sell; is it operating at its registered address? Once you have gathered sufficient information and decided to take action, then there are a few options to consider, as explained below.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property (IP), as an intangible asset, is a key factor in the competitiveness of your business in the global economy. IP is a primary method for securing a return on investment in innovation and is particularly relevant to Small and Medium-Sized Enterprises (SMEs) as they internationalise their business to areas such as Mainland China. Although SMEs often have limited time and resources, it is important to be aware of how IP can be valuable to your business. Not only means of protecting innovations from competitors, IP assets can also be an important source of cash-flow for SMEs through licensing deals or IP sales, as well as a significant pull-factor when attracting investors. In addition, IP databases such as PATENTSCOPE or Designview are a valuable source of competitive information such as technical information and information on competitors and potential partners, etc. Intellectual Property Right (IPR) infringement is one of the most common concerns for businesses when dealing with countries across Asia, and its impact on your company could be substantial. It can lead to loss of business, revenue, reputation and competitive advantage, which affect SMEs both abroad and in their core domestic markets. Furthermore, it is equally important for SMEs to avoid infringing the IPRs held by third parties, even if done inadvertently, as this could have serious financial consequences as well as reputational damage to your business.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Rights are legally enforceable rights over the use of inventions or other creative works. They confer a right to exclude others from their use. This includes patents and utility models, design patents, trade secrets, trade marks, geographical indications and copyrights.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Different types of intellectual property rights (IPR) give different scope of protection. For example, trade marks protect the distinctiveness of a sign that allows consumers to distinguish one product from any other, while copyright only protects the expression of ideas. These rights can and should be used together in a comprehensive IP protection strategy. However, in some specific cases, it might be possible to rely on another type of IPR if the preferred type cannot be used. This has been the case for a Belgian producer of food processing machinery. The Belgian SME manufactures machines that can be used to cut fruit at an industrial level. Each machine has a general structure that is common for all fruit, but different types of blades are used to cut different types of fruit according to their size and requested type of cut. The R&D department is constantly improving the blades to increase their efficiency and to create new blades for processing a variety of fruits. When it comes to IP protection, the SME has obtained invention patents which cover the whole machine. In addition, each type of blade is separately protected by invention patents. The invention patents were granted in Belgium and extended via the PCT international filing route to cover the entire European Union and a few third countries. When the SME entered the China market, 15 food cutting machines were sold. The Chinese company that bought the machines also bought blades for different types of fruit and occasionally continued to buy the newly-developed blades as its business grew.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A Dutch start-up InMotion VR, providing virtual reality solutions in the field of physical therapy, recently managed to secure a new important client in Hong Kong. The new client would not only become one of the biggest clients for the company, but would also be the company's first Asia-based client. This business opportunity could potentially lead to several new ones, especially in Asian markets. As the SME relies on innovative technology, the owners were well aware of the importance of IP protection when entering new markets, so they were ready to invest in IP protection. The company understood the importance of software protection via copyright as well as the need to register company's trade marks (including company name, product name and logo) and took the necessary steps to protect their IP in Europe. Furthermore, the company also decided to invest in design patents to protect their Graphic User Interface. As the SME was not familiar with IP rules and regulations in China, they contacted the China IP SME Helpdesk for advice on how to protect IP when entering China's vast market. During the online consultation session with the Helpdesk IP Business Advisor, the SME learnt that when it comes to IP protection, there are, in fact, 4 different and distinct jurisdictions in China: Mainland China, Hong Kong, Macao and Taiwan. To enjoy full protection in Greater China, 4 different IP registrations must therefore be done. The IP Business Advisor also highlighted some key differences between the jurisdictions. For example, the fact that Hong Kong cannot yet accept Madrid System trade mark applications means that while it is possible to use one international application to obtain trade mark protection simultaneously in the EU and in Mainland China, the SME would currently need to draft a separate application for Hong Kong, which would have to be filed with the Hong Kong IP Office. Another relevant difference concerns software protection - while software is protected as copyright in all jurisdictions, Mainland China, in some specific cases, also accepts software patents. The Dutch SME finally had to choose the jurisdictions in which to protect their IP. Their main client in Asia was based in Hong Kong and the SME would initially be doing business only in that jurisdiction. However, the SME quickly realised the big potential for new clients in Mainland China as well as understanding the risks involved in not registering their IPRs in the jurisdiction that is so close to their main target market. Leaving their IP unprotected in Mainland China would expose the company to copycats in that jurisdiction. Furthermore, potential bad faith trade mark registrations could complicate market entry to Mainland China in the future.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: You wouldn't think of starting a business without an HR strategy, market strategy or finance strategy, and for many SMEs an Intellectual Property (IP/IPR) strategy is just as important for planning growth and minimising risk.
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China IP SME Helpdesk written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
