How to Remove Counterfeit Goods from Major E-Commerce Sites in China

Posted on 5-Feb-2018 by Helika Jurgenson

2. Credit Card Despite the fact that Chinese IP laws have improved a lot in the past years, counterfeiting still exists in China. In today’s blog post we are taking a closer look at how European SMEs can fight against counterfeits on China’s major e-commerce sites like Taobao and Jingdong. This blog post offers some advice on how to find counterfeits of your product online and explains the mechanisms that exist for removing counterfeits from major e-commerce websites.

China: Counterfeit goods and the internet

The internet has become a popular and easy channel for product distribution around the world. It has created a marketplace of more than half a billion users in China, more than a third of the world’s total online population, and is still expanding. Apart from being a forum for legitimate vendors and original products, the internet is also used by illegal and unscrupulous businesses as a platform for the distribution of counterfeit goods which infringe intellectual property rights.

As the internet provides a convenient platform for counterfeits, we recommend that every European SME (especially those with successful products) should monitor Chinese e-commerce sites for infringing products. By moving quickly you will be able to have infringing products removed from sale and preserve your market share. Although some companies find that internet monitoring is time consuming but you may find yourself at high risk if you sell your product on the Chinese market, manufacture your product in China or even if you have a popular product on sale in Europe.

This guide provides you with information on the regulations governing e-commerce and a practical introduction on how to have infringing products removed from two popular Chinese e-commerce sites: Alibaba and Taobao.

Continue reading “How to Remove Counterfeit Goods from Major E-Commerce Sites in China” »

Indonesia: New Notice Allows for Revival of Lapsed Patents

Posted on 25-Jan-2018 by Helika Jurgenson

Good news for the European SMEs whose patents in Indonesia have lapsed because of non-payment, it is now possible to revive these patents. Today’s blog post explaining the decision of Indonesia’s Directorate General of Intellectual Property about the revival of lapsed patents has been kindly drafted for us by our South-East Asia IPR SME Helpdesk external expert Ms. Wongrat Ratanaprayul from Tilleke & Gibbins.

Indonesia’s Directorate General of Intellectual Property issued a notice on December 28, 2017, addressing the revival of null and void patents. The notice allows patent holders, licensees, and intellectual property consultants to revive patents that have lapsed due to non-payment of annuities.

It is now possible to revive a lapsed patent by completing payment of annuity fees that were not paid on time according to the law. In order to do so, the patent holder must submit a declaration stating that they will not take any legal action against another party for infringement of the revived patent during the lapsed period.

There is no explanation as to whether third parties must immediately cease practicing a previously lapsed patent once it has been revived, or whether the patent owner would have the ability to take legal action against such a third party for ongoing infringement once the patent has been revived.

This notice leaves serious concerns about what happens to third parties who have started lawfully using a patent after it has lapsed. Since no further detail on this notice is available, the business implications for such third parties could be tremendous.

For holders of lapsed patents, however, the ability to recover such rights is a significant opportunity. Patent owners should therefore review their patent portfolios in Indonesia and assess whether to take advantage of this new opportunity to revive lapsed patents. Continue reading “Indonesia: New Notice Allows for Revival of Lapsed Patents” »

IP Protection Strategies in China for Start-ups

Posted on 22-Jan-2018 by Helika Jurgenson

In today’s blog post we are taking a closer look at how start-ups, planning to set up their activities in China or have their products produced in China, could best protect their IP rights. You will learn more about the importance of patent protection and trade mark protection and why these types of IP are essential for the start-ups.

For small start-ups the prospect of where to even start with an IP strategy can oftentimes be a daunting task as other concerns like building a good team, structuring the company, attracting investment and developing the product tend to take up all the time and attention of the business owners. At the same time, a robust IP Strategy is crucial for business’ success when planning to enter the lucrative market of China. Besides helping the start-ups to protect their innovations from competitors, IP assets can also be a significant pull-factor when attracting investors.

Protect your inventions with patents

Patent protection in extremely important for start-ups as patents protect innovations, limit competition and help to defend against claims of infringement by other companies producing similar products. Furthermore, patents can attract investors, which is fundamental for start-ups. Thus it is important to apply for patent protection in China when planning to enter its market. Continue reading “IP Protection Strategies in China for Start-ups” »

IP Considerations in Thailand for Healthcare and Medical Technologies Sector

Posted on 18-Jan-2018 by Helika Jurgenson

In Today’s blog post we are taking a closer look at the IP protection in Thailand’s healthcare and medical technologies sector that similarly to Singapore, covered last week, has been offering promising business opportunities for the European SMEs. You will learn more about what types of IP are connected to the healthcare industry and how you can best protect these types of IP in Thailand.

Being one of the leading destinations for medical tourism in Asia Pacific region with the ambition of becoming the international key driver of medical devices growth, Thailand offers many promising opportunities business opportunities to European SMEs engaged in healthcare and medical technologies sector, whose topnotch technology is increasingly sought after. Furthermore, as Thai population is aging rapidly, with the expectation that by 2025 people over 60 will make up 22% of the whole population, the demand for medical devices and technologies will increase considerably[1].

European SMEs who are engaged in the field of diagnostic imaging, orthopaedics & prosthetics and dental products can expect to find plenty of business opportunities in Thailand, as these areas are currently developing fastest in the country. Furthermore, as 85.2% of the medical device market in Thailand is supplied by imports[2], there will also be business opportunities for European SMEs engaged in other areas of healthcare and medical technologies industry. Due to good geographical location, Thailand could also serve as a springboard to Myanmar, Vietnam, Laos and Cambodia.

Intellectual Property Rights are very relevant in the healthcare and medical sector as companies operating in the field heavily rely on technology, software, and brand reputation. Not only a way to help protect innovations and new products from competitors, IP assets can also be an important source of cash-flow through licensing deals or selling IP, as well as a significant pull-factor when attracting investors. European SMEs should also not forget to pay attention to protecting their IP, because IP infringements are still commonplace in Thailand. Well-managed IP is often a key factor for business success and neglecting these rights could be costly. Thus, a comprehensive IPR strategy is needed, when entering Thailand’s market, says Valentina Salmoiraghi, IP Business Advisor. Continue reading “IP Considerations in Thailand for Healthcare and Medical Technologies Sector” »

China – Pak de Copycat

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Posted on 16-Jan-2018 by Helika Jurgenson

Today’s blog post has been kindly drafted for us by China IPR SME Helpdesk external IPR expert Mr. Jurjen Groot and published in Dutch in the December 2017 issue of Globe Magazine.

De blog post van vandaag is geschreven door de China IPR SME Helpdesk IP expert Meneer Jurjen Groot en werd eerder gepubliceerd in de December 2017 uitgave van Globe Magazine voor Internationaal Ondernemen. Het artikel “China – Pak de Copycat” gaat dieper in op de bescherming van intellectueel eigendom van Nederlandse bedrijven in China met onder andere tips & tricks met betrekking tot E-commerce, de douane in China, schadevergoeding en bewijs veiligstellen.

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Author Archives: Helika Jurgenson