How to Remove Counterfeit Goods from E-Commerce Sites in South-East Asia

2. Credit CardE-commerce has also been growing in South-East Asia and it’s attracting many European Companies. Together with the growth of e-commerce, the presence of counterfeit goods on these e-commerce sites has also been growing. In today’s blog post we are discussing how to remove counterfeits from the major e-commerce sites like Lazada in South-East Asia. 

A growing middle class coupled with increasing internet access has led to fast-paced e-commerce growth in South-East Asia in the past decades. The middle-class population of ASEAN, according to expert estimates, may grow from 190 million in 2012 to 400 million in 2020[1] . Additionally, there are approximately 200 million people in South-East Asia with access to the internet and this number is expected to grow three-fold by 2025. E-commerce in South-East Asia can thus offer many promising business opportunities for the European SMEs.

Besides being a forum for legitimate vendors and original products, the internet is also used by unscrupulous businesses as a platform for the distribution of counterfeit goods which infringe intellectual property rights of others. The explosive growth in access to the internet has resulted in counterfeiters to move their illegal activities online. Online e-commerce websites might become easy and anonymous options for counterfeiters to reach out to potential customers as well as popular social media platforms. A recent study reported that 20% of 750,000 posts on the popular social media platform Instagram alone in relation to well-known fashion brands involved the offer of counterfeit products for sales, with many of the vendors identified to be based in China, Malaysia and Indonesia among others[2]. Continue reading “How to Remove Counterfeit Goods from E-Commerce Sites in South-East Asia” »

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

2. Credit CardDespite 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” »

How to use the Patent Cooperation Treaty: Focusing on South-East Asia

patent-without backgroundIn today’s blog post we are taking a closer look at how to use the Patent Cooperation Treaty (PCT) when applying for patents in multiple South-East Asian Countries. You will learn what are the benefits of the PCT and what is requested in the international as well as national phases of application. 

What is the PCT?

The Patent Cooperation Treaty (PCT) is a multilateral treaty that was established in Washington in 1970 and is administered by the World Intellectual Property Organisation (WIPO). The treaty makes it possible to obtain simultaneous patent protection for an invention in each PCT Contracting State by filing an international patent application. An application may be filed by a national citizen or a resident of a PCT Contracting State. All European countries, as well as China, are contracting parties to the PCT and in South-East Asia, all nations except for Cambodia and Myanmar are contracting parties.

Filing an international PCT application automatically includes all countries bound by the PCT. The application has the same effect in each country as if a national patent application had been filed with the national patent office. Therefore if an SME wishes to enter into several different South-East Asian markets, it would be time –efficient to file an international PCT application rather than preparing several different applications for individual countries. Continue reading “How to use the Patent Cooperation Treaty: Focusing on South-East Asia” »

An Introduction to Intellectual Property Protection and Enforcement in China and South-East Asia

Quote

This article is written by our China IP Expert, Ms Alessandra Chies, on the occasion of the Texworld Trade Fair, the No.1 European Trade Fair for Worldwide Apparel Sourcing which this year took place in Paris on 18-21 September. It gathered over 600 international suppliers, companies and EU SMEs, as well as about 950 fabrics manufacturers from 27 countries. 90px-Aguayos This article provides a concise yet comprehensive introduction to Intellectual Property protection and enforcement in China and South-East Asia, and summarizes the main talking points discussed by Alessandra Chies at Texworld on 18 September 2017. 

Intellectual Property (IP) protection is a primary method for securing a return on investment in innovation, offering to IP owners a competitive edge that others will not have. SMEs invest a tremendous amount of time, passion and monetary efforts in R&D and marketing, but often fail to consider that, in most countries, the only way to enjoy exclusive rights over their creative efforts and their business identity (trademark) is through IPRs registration. Considering that in the textile sector one single product can brilliantly encompass almost all form of IP rights, understanding and defending them is a paramount objective: a Patent for the new man-made yarn, the Design for an innovative texture of the fabric, the Copyright for the drawing painted on it, the Trade-secret for the dying procedure and the Trademark as representation of the business identity, all in one small piece of cloth.

The point is that Trademarks, Designs, Patents, are territorial rights and most countries adopt the first to file principle: this means in practice that the IPRs belong to their creator only if their creator was the first one to register it in that Country. And each Country in the world has its set of rules, its peculiarities, its advantages and pitfalls. Without being secured through registration, with the assistance of lawyers, expert in the jurisdiction, your IPRs can be freely exploited by anybody else. Considering the importance of the China market and the wonderful opportunities it offers in terms of production abilities, raw and semi-processed materials and the growing purchasing power and awareness of Chinese consumers, SMEs cannot afford to put-off investments in IP registration and enforcement in China and in the South-East Asian countries that are slowly but steadily emerging. Continue reading “An Introduction to Intellectual Property Protection and Enforcement in China and South-East Asia” »

Protecting your IP while Transferring Technology to China

Manufacture4Since China’s market for clean technologies offers significant business opportunities for the European SMEs, then in this week, the EU Gateway Business Avenues took selected European companies to Beijing, China for a business mission in Clean Technologies. Many of these companies are considering bringing their technology to China, which however,  involves many IP risks. Therefore, in today’s blog post, we have chosen to discuss IP issues relating to technology transfer. The blog post offers some tips on how to safely bring your technology to China. 

Many European Companies are keen to come to China. While in the past, European companies came to China to take advantage of low-cost manufacturing for export, more recently, they have come to enter the Chinese domestic market, establish R&D, engage in cooperative development, take advantage of a skilled work force, establish suppliers, and develop long-term partnerships in China. In order to achieve this, they are often willing to ‘transfer’ their key technology and designs to Chinese subsidiaries of European firms, joint-venture (JV) partners, or Chinese manufacturing and service companies. One of the challenges facing European companies coming to China is devising creative solutions to minimize the risk to their intellectual property (IP) associated with such technology transfers.

A technology transfer happens in a number of different ways. European companies most commonly transfer their technology by licensing their patents, designs, software, trade secrets, and know-how. Ownership of the technology may be transferred, but this type of transfer is less common. A common misconception is that a technology transfer is limited to transfers of high technology. However, many European companies using contract manufacturing to manufacture low technology, consumer, or industrial products, for example based on product designs, must deal with many of the same risks to their IP as their high technology counterparts. Continue reading “Protecting your IP while Transferring Technology to China” »