Back to the Basics Series: Copyright Protection in China

Posted on 29-Aug-2016 by Helika Jurgenson

Last week we refreshed our memories about the basic Copyright protection in South-East Asia and as copyright issues are still fresh in our minds, it is now a good time to also delve into copyright issues in China. Today’s blog post thus gives a good basic overview of the Copyright protection in China.

Today, intellectual property rights have a strong footing in China, despite the persistence of media accounts suggesting otherwise. There are dedicated IP courts in major cities and litigation by foreign companies is frequently successful.

China is now making significant headway in the cultural and high-tech industries, where copyright is the key. One example is the book industry, with sales increasing by over 30% from 2013 to 2014. Another new industry is the mobile app industry, now worth over $8.7 billion (2015), with small domestic start-ups relying on copyright to safeguard them in a market where less cautious foreign app developers have been overtaken by copycats. Continue reading “Back to the Basics Series: Copyright Protection in China” »

How to Conduct a Trade Mark Search in China

Posted on 22-Aug-2016 by Helika Jurgenson

Before even starting to prepare your trade mark registration application in China, it is vital to be sure that an identical or similar trade mark hasn’t been already registered in China. Today’s blog post is a step-by-step guide to how to use the China Trade Mark Office (CTMO) database to conduct preliminary trade mark research yourself.

Every company, no matter how big or small, has some intellectual property (IP). The most common type of IP right is a trade mark. A trade mark is essential to all kinds of companies, whether you are a producer, distributor or service provider, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand.

International laws, including Chinese laws, grant legal protection to trade marks providing they comply with a few basic requirements: the mark must be distinctive; must not have previously been used by others in the same market; and must not describe the product, e.g. you cannot register ‘apple’ as a trade mark for apples.

Trade marks are territorial in nature and therefore must be registered in every country. A trade mark registered in Spain, for example, is not automatically valid in China. If you want to obtain protection in China you must register with the China Trade Mark Office (CTMO) either by directly filing a domestic application or by filing an international extension through the Madrid System. Continue reading “How to Conduct a Trade Mark Search in China” »

Trade Marks vs Enterprise Names in China: What’s the Difference?

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Posted on 15-Aug-2016 by Helika Jurgenson

Should I only register my trade mark in China or should I also register my enterprise name? What’s the difference? In today’s blog post we will take a closer look at the difference between SMEs’ enterprise names and their trade marks and give advice on how to adequately protect both in China.

What do trade marks and enterprise names look like?

Both trade marks and enterprise names are commercial marks. They function as signs, through which businesses and their products can be identified by their consumers.

Trade marks are used specifically to distinguish commercial products from other products on the market. They come in many varieties, including words, images, colour combinations and sounds.

Take the familiar case of an iPhone. Everything from its name to its message tone is trademarked. This prevents other companies from copying the brand, so that consumers can easily identify genuine iPhone products from other products in the sector. Continue reading “Trade Marks vs Enterprise Names in China: What’s the Difference?” »

Back to the Basics Series: Patent Protection in China – Know Before You Go

Posted on 8-Aug-2016 by Helika Jurgenson

patent-without background As many of us are returning from the well-deserved vacation, it is time to refresh our memories about the basics of IP protection in China. Today’s blog post will take us back to the basics and discuss patent protection in China.

It is a given that patent protection has to be requested before a respective product is introduced to the national market. However, it is less often considered how a product may appeal in other world markets, and that these may not extend automatic protection for an invention registered back home. In particular, a European registered patent has no legal effect in China.

This is of particular importance as an invention may be later mass-produced in China without even being sold there, though face equal exposure to infringement. Furthermore, patents are granted to the ‘first-to-file’ rather than the ‘first-to-use’, meaning timely patent protection in China for each and every innovation is absolutely crucial. Continue reading “Back to the Basics Series: Patent Protection in China – Know Before You Go” »

How to Protect Interior Designs of Shops in China

Posted on 1-Aug-2016 by Helika Jurgenson

In today’s blog post, we will take a look at how SMEs can protect the interior design of their shops, which can be as important as protecting their brand and other types of IP.

When Brent Hoberman, founder of online interior design and furniture store Mydeco.com, made a trip to China one man was particularly keen to meet him. When they met, the man explained that he wanted to launch a web business but had no idea how to do it until he found Mydeco.com and copied it. He only wished to express his appreciation personally to Mr Hoberman.

In 2011 the residents of Kunming, a city in the South-Western region of China were delighted to find an IKEA shop there. The copycat store is an enormous, multi-level shop that sells modern IKEA-like furniture and even copies the distinctive blue and yellow branding. The residents realized it was a fake, but have little choice as the closest real IKEA is in Chongqing, 940km away.

Store layouts, colours and designs become synonymous with a brand, so imitation of a store interior is very damaging to companies. At times it is increasingly difficult to separate the real from the fake. Continue reading “How to Protect Interior Designs of Shops in China” »

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