Bad Faith Trade Mark Registration in China: a Case Study

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shutterstock_81193486-520x345It is always important to register your trade mark in China, as IP rights are territorial and European trade marks will have no automatic protection in China. Oftentimes, European SMEs ask their local partners to take care of trade mark registration as local partners already have a good understanding of the registration process. However,  a case study of today’s blog post demonstrates that European SMEs should always be on top of their trade mark registration as local partners may sometimes register European SMEs’ trade mark in bad faith. 

Introduction

Intellectual property (IP) is a key factor in the competitiveness of business in the global economy and it is particularly relevant to the SMEs as they internationalise their business to areas such as China. Although SMEs often have limited time and resources, it is important to be aware of how IP can benefit the business. Besides helping the SMEs to protect their innovations from competitors, IP assets can also be an important source of cash-flow for SMEs through licensing deals, as well as a significant pull-factor when attracting investors.

Even though China’s IPR regime has improved over the years, counterfeiting and other IP infringements still persist in China. Thus, IP protection is of utmost importance when doing business in or with China. SMEs normally start with registering their trade mark in China when starting their business activities. Because they invest time and money into building the reputation of the company, it would be very damaging to business if someone else began using their name to sell their own products or services. Trade mark registration offers protection against infringers, as in most cases only companies with registered trade marks are able to enforce their rights in China. Continue reading “Bad Faith Trade Mark Registration in China: a Case Study” »

How to Protect your Trade Mark in South-East Asia

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trademarkWith the arrival of the new year, many SMEs are planning to start new business endeavors in the lucrative markets of South-East Asia. However, with all this new year’s enthusiasm, it is very easy to forget that counterfeiting and other IP violations are still commonplace in South-East Asia. Thus, it is very important to have a robust IP strategy in place when entering the promising markets of South-East Asia. In today’s blog post, we are, therefore, taking a closer look at trade mark protection in South-East Asia, focusing on trade mark registration, protection and enforcement. 

Generally speaking, a trade mark is a sign which serves on the market to distinguish the goods and services of one undertaking from others, and over which the owner has an exclusive right. Trade marks are words, logos, devices or other distinctive features which can be represented graphically. In some South-East Asia countries, such as Singapore, Malaysia, Brunei, Laos, Cambodia, Vietnam and Thailand, they may also consist of the shape of goods or their packaging in three-dimensional form. As of now, Singapore is the only South-East Asian country to recognize trade marks based on sound.

Trade marks are an essential part of the identity of goods and services. They help deliver brand recognition, i.e. they distinguish your company from the competition. They also help to build trust, reputation and goodwill for your company as well as play an important role in marketing and advertising. A trade mark can become an important asset with significant monetary value for a company and should, thus, be protected. Continue reading “How to Protect your Trade Mark in South-East Asia” »

Protecting your Festive Design in China: Design Patents and Copyrights

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design-for-christmasThe Christmas Holidays are upon us again and it’s time to put up Christmas decorations. Maybe this year your company came up with new design for Christmas stockings, Christmas lights or other Christmas decorations. Maybe your company also plans to benefit from China’s growing market, or maybe you would like to produce these decorations in China, either way, all-around festive atmosphere should not make you forget about counterfeiting and other IP violations that are still  commonplace in China. It is important to obtain design patents in China to protect your product design, whatever your company may be producing. In today’s blog post we are taking a closer look to design patents in China. 

Due to the difference in regional systems, many European companies do not know how to protect their product designs in China. While in Europe you can seek protection for an original work as either a registered or unregistered community design, in China designs fall under the scope of patent protection, while no protection is offered to unregistered designs.

A design patent provides the right holder to exclusive use of a product design for a period of 10 years. As well as providing a legal basis to fight counterfeiters, a design patent also allows you to generate additional revenue by licensing the design to third parties. Continue reading “Protecting your Festive Design in China: Design Patents and Copyrights” »

Copyright Protection in Brunei Darussalam

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shutterstock_176603774In today’s blog post we are taking a look at the copyright protection in Brunei Darussalam, the smallest nation in ASEAN. You’ll learn how to protect your copyright and what actions are there available in the case of a copyright infringement. 

Background for EU SMEs

Brunei Darussalam is one of the 10 countries of the Association of South-East Asian Nations (ASEAN).  Despite being one of the smallest ASEAN countries, it is also one of the wealthiest nations in the South-East Asian region. Brunei Darussalam has an annual GDP of EUR 10.6 billion[1] and most of its revenue comes from the exports of crude oil and natural gas.

The European Union is Brunei Darussalam’s 5th largest trading partner. The EU’s Key exports to Brunei Darussalam include pearls, precious metals, transport equipment and machinery and appliances. The EU’s key imports from Brunei Darussalam include machinery and appliances, optical and photographic instruments, pearls and precious metals.

Brunei Darussalam’s legal system is based on English Common Law and since the year 2000, Brunei Darussalam has passed various legislations on trade marks, industrial designs, copyright and patents. Brunei Darussalam’s IP legal system is in compliance with international standards, complying with international agreements and treaties administered by the World Intellectual Property Organisation (WIPO). It is a member of a number of conventions including the Paris Convention, the Berne Convention, the Patent Cooperation Treaty (PCT) and the Hague Agreement Concerning the International Registration of Industrial Designs. Brunei Darussalam is also a signatory of the TRIPS agreement. Continue reading “Copyright Protection in Brunei Darussalam” »

Registering New Top Level Domain Names in China

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shutterstock_167099189E-commerce is rapidly growing in China with Chinese consumers already making up for almost half of global online retail sales. This development offers lots of lucrative business opportunities for European SMEs. When entering Chinese market, a Chinese top level domain name often helps to attract customers. In today’s blog post we therefore focus again on top level domain names’ registration in China. 

Internet usage is booming in China. With more than 701 million ‘netizens’ (as of December  2016), China connects more people to the Internet than any other country. In fact, every fourth person on the Internet is from China. Facilitated by the increasing availability of broadband technology and the growing trend towards online shopping and purchasing, the Internet is an attractive business and marketing platform for many European SMEs. The China Internet Network Information Center (CNNIC) has also now removed barriers to overseas companies and individuals to register domain names in China, and it is recommended that European SMEs take advantage of this if they are planning on entering the Chinese market or are already in China.

New and Less Restricted Domain Name Requirements

From May 2012, .cn and .中国 domain name registrations became available again for private individual registrations (both Chinese and overseas). The process takes a few weeks and currently costs €50-€100.

The following steps are required:

  • Translate your domain names into Chinese and find an accredited registrar using either of these sources (domain name registration must be completed through an accredited registrar).

Continue reading “Registering New Top Level Domain Names in China” »