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

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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” »

Espresso IP 7: Trade marks in Vietnam

espressoIP-01Bond. James Bond. A man of mystery and a very high-profile name in films. When protecting this highly classified name, Bond’s creators have consistently turned to brands’ best IP friend–trade marks, which protect the logos and symbols that identify products.

In this podcast, hosts Alexander Bayntun-Lees and Samuel Sabasteanski discuss the intellectual property laws governing trade marks in Vietnam and how to have infringers shaking (not stirred) in their boots. As always, for more information on protecting your IP, send our South-East Asia IPR SME Helpdesk experts a message.

 

Espresso IP 007 – Trade marks in Vietnam (Length – 7:37)

Espresso IP 6: Copyright in Vietnam

espressoIP-01Pen touches paper, and a copyright is born! Copyright is the right to profit from and protect any creative works you create. Copyright protection is conferred automatically upon creation of a work but does not deter all infringers.

In this podcast, hosts Alexander Bayntun-Lees and Samuel Sabasteanski discuss the intellectual property laws governing copyright in Vietnam. As always, for more information on protecting your IP, send our South-East Asia IPR SME Helpdesk experts a message.

Espresso IP 006 – Copyright in Vietnam (Length – 7:34)

Espresso IP 5: Semiconductor topographies in the Philippines

espressoIP-01Automation and robotics are going to change the future. But robots are nothing without the chips and processors that breathe life into them–and into any number of appliances, phones, and even automobiles. The design of these chips is governed by semiconductor topographies (also known as integrated circuit layout-designs, a form of industrial design) in the Philippines.

In this podcast, hosts Alexander Bayntun-Lees and Samuel Sabasteanski discuss the intellectual property laws governing semiconductor topographies in the Philippines, including applications, examinations, and protection. As always, for more information on protecting your IP, send our South-East Asia IPR SME Helpdesk experts a message.

Espresso IP 005 – Semiconductor topographies in the Philippines (Length – 4:23)

Espresso IP 4: Industrial designs in the Philippines

espressoIP-01Patents protect what’s inside a device. Trade marks protect your logos and symbols. But what protects the shape of the device itself? That would be industrial designs, the IP responsible for the distinctive shapes and designs of iPods, Beats headphones, and Hummers.

In this podcast, hosts Alexander Bayntun-Lees and Samuel Sabasteanski discuss the intellectual property laws governing industrial designs in the Philippines, including applications, examinations, and protection. As always, for more information on protecting your IP, send our South-East Asia IPR SME Helpdesk experts a message.

Espresso IP 004 – Industrial designs in the Philippines (Length – 3:56)