From China Law Blog: ‘The China NDA (Non-Disclosure Agreement). Shut The Barn Door BEFORE The Horse Bolts.’

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This post highlights something that every small business should be aware of and considering when they look to establish manufacturing in China and anywhere else as well: sign a Non-Disclosure Agreement BEFORE you reveal any of your products or prototypes to potential manufacturers. NDAs are relatively easy to produce and used commonly in China, so be wary of anyone unwilling to sign one. If you haven’t already signed one with manufacturers, China Law Blog also propose a contingency plan… Continue reading “From China Law Blog: ‘The China NDA (Non-Disclosure Agreement). Shut The Barn Door BEFORE The Horse Bolts.’” »

SIPO’s good intentions 2: future designs

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This is a follow up to my last blog post which you can read here. Then, I discussed the major direction of the proposed revisions to the Chinese Patent Law which include the potential for better compensation and evidence gathering for your business. I now focus on how the proposed changes to patent administrative enforcement could affect small businesses in China.

Before we begin, let’s have a brief look at the current administrative enforcement situation for patents in China. Please note that patents in China include design patents, which are equivalent to Registered Community Designs in Europe- they protect the combinations of colour, shape and/or patterns which make your design aesthetically pleasing.

Continue reading “SIPO’s good intentions 2: future designs” »

Here Comes the Helpdesk (Christmas carol). ‘tis the season.

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The festive season is truly upon us. While watching some reality T.V. last night I came across a programme featuring groups of people singing Christmas carols enthusiastically, if not entirely harmoniously…. Occasionally it was difficult to tell if the original was being sung or not. This inspired (to stretch this word to its limits) me to write a Helpdesk Christmas carol, apologies in advance for shameless self-promotion and questionable rhyming!

Continue reading “Here Comes the Helpdesk (Christmas carol). ‘tis the season.” »

Top 5 lessons to learn from Apple vs Proview

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Through our Helpdesk Twitter feed we regularly, almost constantly, receive tweets concerning Apple’s involvement in intellectual property rights disputes. This is not big news, almost everyone has heard about Apple and Proview’s legal saga and the millions it eventually cost Apple. What is less well-documented however, are the lessons to be learnt from the situation. It is our wish that Apple learnt the hard way so smaller businesses don’t have to! Continue reading “Top 5 lessons to learn from Apple vs Proview” »

From China Law Blog: Do you know what your China contract says?

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This post comes from the excellent China Law Blog and highlights a simple but important point: do you actually know what your China contract says? Yes you have a version in your language and one in Chinese but have you checked they say the same thing? It may sound like an obvious detail to check but the author, Dan Harris, observes, “Taking advantage of what looks like a dual language contract is a very old trick, and one I have seen at least a dozen times, and not just with China/Chinese”. Continue reading “From China Law Blog: Do you know what your China contract says?” »