IPR Protection in China for the OEM Industry

cool20080814_015In today’s blog post we are taking a closer look at IP protection in China’s OEM industry. You will learn about the IP associated with OEM industry like trade marks, copyrights and design patents, as well as how to protect the IP relevant to OEM industry. The blog post also provides some tips on how to mitigate IP risks in OEM contracts. 

The term Original Equipment Manufacturer (‘OEM’) designates a company that only makes a part of a product, or a subsystem, to be used in another company’s end product. The extension, also designates the agreement whereby one company commissions another to manufacture products according to certain specifications and to affix a trade mark on such products; the said products are delivered to the commissioner who sells them in the market under his own name. The letters ‘OEM’ therefore designate both the manufacturer and the act of commissioning the finished product to a third party.

China’s OEM sector developed rapidly from its roots in the apparel industry to a sector comprising automotive parts, cosmetics, and ICT equipment. As the world’s leading manufacturer, China attracts manufacturing contracts from global customers, including many European SMEs, in almost every industry by capitalising on Chinese OEM’s core strengths—relatively low labour costs, experienced manufacturers, and skilled workers.

Even though China’s IPR laws and regulations have improved in past years, IP infringements are still commonplace in the country and thus protection intellectual of property rights related to the goods is a crucial element of a successful China OEM strategy. Continue reading “IPR Protection in China for the OEM Industry” »

Handling of Trade Secrets in South-East Asia: Focus on Thailand

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fgjTrade secrets are an excellent but often under-exploited means of IP protection for the SMEs. In Today’s blog post we are taking a closer look at trade secret protection in South-East Asia in general as well as in Thailand in particular. You will learn about general trade secret protection requirements and trends in South-East Asia and will get a closer overview of trade secret protection in Thailand in particular. 

Trade secrets are a highly valuable form of intellectual property that nearly all businesses in all industries and sectors possess. However, they are frequently overlooked by businesses, partly because there is confusion about what actually constitutes a trade secret. So what is a trade secret?

According to the World Intellectual Property Organization (WIPO), any confidential business information that is of considerable commercial value to businesses and that provides an enterprise with a competitive edge may be considered a trade secret. In practice, this could be:

  • sales methods
  • distribution methods
  • consumer profiles
  • advertising plans
  • pricing strategies
  • lists of suppliers and clients
  • manufacturing processes

In other words, more often than not trade secrets are the ‘know-how’ that a business builds up over time. Typically, the longer the SME is in business the more valuable its trade secrets will become, and the more its business grows the more its competitors will seek to discover this valuable working knowledge. Therefore, it is increasingly important to take steps to protect trade secrets. Continue reading “Handling of Trade Secrets in South-East Asia: Focus on Thailand” »

Intellectual Property Rights in China for SMEs in the ICT Industries

anatomy-1751201_1280ICT industry in China continues to grow and to offer promising business opportunities to European SMEs, whose top-notch technology is highly sought after in the country. in today’s blog post we are taking a closer look at IPR protection in China’s ICT industry, focusing on patent protection and  trade secret protection. The article will also offer some tips on how to enforce your rights in case of an infringement. 

China’s IPR (intellectual property rights) protection system is expanding and improving, but it remains vastly different from the European system. Accordingly, to be successful in China your business must take preventative measures to protect your intellectual property rights; one must obtain valid IPR rights in China as a minimum first step. In other words, the protection of IPR rights should be a key part of your business strategy, whether entering or expanding operations in China.

While some IPR issues are common to all types of European companies doing business in China, others are specific to the ICT industry. The China IPR SME Helpdesk outlines appropriate patent and trade secret strategies, the type of patents particularly relevant to ICT companies and suitable IPR enforcement measures. Enforcement of IPR is discussed through a case study of an IT company that has taken enforcement actions in China.

Developing a patent and trade secret strategy for China Continue reading “Intellectual Property Rights in China for SMEs in the ICT Industries” »

Intellectual Property Rights Protection for EU SMEs related to Smart City Solutions

Lily Pictures - v01Smart City Solutions have become the hot topic throughout South-East Asia and the European SMEs engaged in the industries connected to Smart City Solutions are expected to find many promising business opportunities in the region. In today’s blog post we are taking a closer look at the IP protection related to Smart City Solutions in Vietnam. You will learn about whether to protect your inventions with patents or whether you should rely on trade secrets.  

With the rapid development of Vietnam’s cities has come a growing urban integration of information systems. This enhances the city’s efficiency as well as the quality of life of its citizens for many crucial metropolitan features such as mobility, healthcare, waste management, energy, or water-access[1]. Online interconnected systems and a reliance on Information and Communication Technologies (ICT) features play a key role in these advancements[2]. The province of Binh Duong, for instance, has started cooperating with the Vietnam Post and Telecommunications Group to develop the necessary ICT infrastructure with local government agencies.

The importance of intellectual property rights (IPR) protection in such context then becomes apparent. By combining a growing demand for high-tech solutions to tackle urban challenges with a tech-savvy population, Vietnam’s cities provide plenty of opportunities for European SMEs to expand their businesses. Yet European SMEs dealing with smart solutions should be mindful of possible IPR risks at hand. They often provide highly innovative niche solutions, but for many urban problems, a solution can only be made successful through a combination of interdependent technologies. In effect, European SMEs may need to expose their innovations to third parties on a regular basis, thus increasing the risks of IP infringement if proper measures are not taken in advance, says Valentina Salmoiraghi, IP Business Advisor. Continue reading “Intellectual Property Rights Protection for EU SMEs related to Smart City Solutions” »