Trade Fairs in China: Steps to Protect You IPR

Page 1. 1.Protecting your IP at Trade FairsIn today’s blog post we are taking a closer look on how European SMEs can protect their intellectual property when they attend trade fairs in China. You’ll learn how to prepare for a trade fair, what to do and pay attention to during the trade fair and, of course, what to do in a case that someone is violating your IPR rights.

Trade fairs are an excellent opportunity for a business to showcase their new products and scout out business partners for manufacturing, promotion, and distribution. Unfortunately, in China these exhibitions are a common prowling ground for infringers, so it is of utmost importance to ensure all intellectual property precautions are undertaken. It is not sufficient to merely gain intellectual property rights for a company’s assets – steps should be taken before, during and after a trade fair to ensure maximum protection. This article takes a look at some of the steps foreign businesses should take.

Before the trade fair: fail to prepare, prepare to fail

Determine your strategy in advance of the trade fair. Do you want to take enforcement action at the fair, or only use the fair as an opportunity to gather evidence? If you are not certain about securing all necessary evidence and paperwork to carry out an action at the fair, gathering evidence there first may be a better strategy.

Prepare the required documents – some may need to be notarised and legalised which can take up to two months. The required documents include: Continue reading “Trade Fairs in China: Steps to Protect You IPR” »

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” »

The realities of doing business in China – Copyrights and Trade Marks

dreamstime_m_24720610In today’s blog post we are taking a closer look at copyrights and trade mark rights in China. You’ll learn how to protect these right in China and how to create a comprehensive trade mark and copyright protection strategy before entering China’s market.

China’s intellectual property rights (IPR) system has come a long way in the past 30 years, and development continues – a revision of the trade mark law came into force in May, paving the way for more thorough protection for rights holders. Although China is now coming into line with international IPR standards, there are still many ways in which the system differs from the European one. Below, the China IPR SME Helpdesk takes a look at two major types of intellectual property rights, trade marks and copyright, and considers how these differ from European standards.

Copyrights

The Chinese system for copyrights is very similar to that used in Europe. Copyrights last for 50 years from the date of creation, or the lifetime of the author plus 50 years, and it protects a range of creations, such as artistic works, books, websites, or computer software. As in Ireland, copyrights are automatically protected as long as the creator can be clearly identified; however, unlike most countries in Europe, China also offers copyright registration for owners, a process handled through the Copyright Protection Centre of China (CPCC). Continue reading “The realities of doing business in China – Copyrights and Trade Marks” »

Software Protection in South-East Asia

close-up-2178341_1920In today’s blog post we are discussing how to protect your software IP rights in South-East Asia, where ICT and software sector has been booming in recent years, offering many promising opportunities to European SMEs. This article takes a closer look at the source code protection with copyrights, patent protection for software related inventions and discusses how to safely licence your software in South-East Asia. 

The Information Technology services and software sector in South-East Asia have been booming in recent years as South-East Asian nations continue to develop through many innovative technological solutions. In particular, South-East Asia is experiencing a rapid growth of Internet, digital and social media and mobile activities. With more than 320 million Internet users in 2017, increasing connectivity and therefore dependence on computer technology is to be expected in this region. This translates to growth in the software industry which leads to many promising opportunities for the European SMEs in the region, whose top-notch technology and know-how will be sought after.

Before entering South-East Asian markets, however, EU SMEs should be aware of the different IP rights and how they apply to the software industry, as well as the possible risk of IP infringement in these markets. This is increasingly important with many companies developing their own software, and software development being an ever-growing industry. European SMEs should thus have a comprehensive IP strategy in place when entering the promising markets of South-East Asia. Continue reading “Software Protection in South-East Asia” »

General Office of Communist Party of China and State Council issued Opinion regarding Reform and Innovation for Trial of Intellectual Property Cases

RegisteredToday’s blog post has been kindly shared with us by our China IPR SME Helpdesk external expert Mr. Charles Feng from East & Concord Partners. In this article, Mr. Feng interprets and explains the recent “Opinion regarding Improvement of Reform and Innovation for Intellectual Property related Trials” jointly issued by the General Office of Chinese Communist Party and the State Council.

On February 6, 2018, General Office of Chinese Communist Party and State Council jointly issued the official document namely “Opinion regarding Improvement of Reform and Innovation for Intellectual Property related Trials” (the “Opinion”). Vice President of Supreme People’s Court (“SPC”), Judge Tao, made interpretation to the IP Opinion during the press conference and was interviewed following the issuance on February 27.

The IP Opinion consisting of four parts includes the General Requirement, Perfection of IP Trial System, Enhancement of IP Court System, and Improvement of Arrangement and Coordination, which were specified as follows.

I General Requirement

The Opinion positioned the IP protection issue as the basic measure for encouragement and guarantee to innovation and creation that builds the foundation to the National Strategy to establish a Nation that is strong in IP as well as science and technology.

Comments by Charles Feng

The Opinion was the first strategic document issued by CPC and State Council, the top administrative body of China, which declared the IP protection as the major approach to protect innovation and development.  Continue reading “General Office of Communist Party of China and State Council issued Opinion regarding Reform and Innovation for Trial of Intellectual Property Cases” »