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

Online IPR ProtectionAs more and more European SMEs embrace the popular e-commerce concept in China, they are also confronted with online counterfeiting problems. Today’s blog post discusses how European SMEs can monitor online selling sites and how they can start the notice and take down process to remove counterfeits from the most famous Chinese online e-commerce sites like Taobao and Alibaba. 

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 (IPR).

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. Continue reading “How to Remove Counterfeit Goods from E-Commerce Sites in China” »

IP Considerations for App Developers in South-East Asia

8585049088_9d1dbcdf1f_kAs the market for smartphones is rapidly growing in South-East Asia and many European companies wish to enter the lucrative market of apps, it is time to take a look at how the European SMEs can best protect their valuable intellectual property when entering the South-East Asian markets. 

In a world of increasingly affordable smartphone technology and rapidly expanding connectivity, the digital marketplace makes room for new players on the scene: the app developers. Third party’s apps have become a core part of the smartphone package, providing users with almost limitless potential for productivity, utility, education and leisure, and apps serving as a huge part of smartphone marketing strategy and user attraction.

With the number of smartphones overtaking non-smartphones back in 2013 and total worldwide app related revenues set to top $45 billion this year, app development is an increasingly attractive industry for software producers. Continue reading “IP Considerations for App Developers in South-East Asia” »

Trade Marks vs Enterprise Names in China: What’s the Difference?

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shutterstock_152628707Should I only register my trade mark in China or should I also register my enterprise name? What’s the difference? In today’s blog post we will take a closer look at the difference between SMEs’ enterprise names and their trade marks and give advice on how to adequately protect both in China. 

What do trade marks and enterprise names look like? 

Both trade marks and enterprise names are commercial marks. They function as signs, through which businesses and their products can be identified by their consumers.

Trade marks are used specifically to distinguish commercial products from other products on the market. They come in many varieties, including words, images, colour combinations and sounds.

Take the familiar case of an iPhone. Everything from its name to its message tone is trademarked. This prevents other companies from copying the brand, so that consumers can easily identify genuine iPhone products from other products in the sector. Continue reading “Trade Marks vs Enterprise Names in China: What’s the Difference?” »

Back to the Basics Series: Patent Protection in China – Know Before You Go

patent-without backgroundAs many of us are returning from the well-deserved vacation, it is time to refresh our memories about the basics of IP protection in China. Today’s  blog post will take us back to the basics and discuss patent protection in China.  

It is a given that patent protection has to be requested before a respective product is introduced to the national market. However, it is less often considered how a product may appeal in other world markets, and that these may not extend automatic protection for an invention registered back home. In particular, a European registered patent has no legal effect in China.

This is of particular importance as an invention may be later mass-produced in China without even being sold there, though face equal exposure to infringement. Furthermore, patents are granted to the ‘first-to-file’ rather than the ‘first-to-use’, meaning timely patent protection in China for each and every innovation is absolutely crucial. Continue reading “Back to the Basics Series: Patent Protection in China – Know Before You Go” »

Protection of IPR in the Automotive Industry in China

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LandWindYour IP in the Chinese Automotive Industry

The automotive industry in China has seen rapid expansion over the last decade; the automotive parts market alone was worth RMB 1.5 trillion (€179 billion) in 2010 and the increasing volume of vehicle sales in the country predicts that the trend is set to continue. There are clear opportunities for European businesses to profit from this booming market but precautionary steps must be taken to meet the challenges that China poses.

When  it  comes  to  Intellectual  Property  (IP)  protection,  international  small  to  medium-sized businesses that invest in the local automotive industry should be aware of the IP risks that they run when operating in China, and the main tools at their disposal to protect against those risks.

Currently, the most important factors that allow international automotive businesses to operate in Chinese Tier 1 and Tier 2 markets, are their established contacts with global car manufacturers (the Original Equipment Manufacturers, or OEMs who produce parts or components for sale to other manufacturers to market under their own brand name – for more information you can watch the China  IPR  SME  Helpdesk   webinar  on  OEM  in  China),  their  technological  capabilities,  and  their reputation for quality. This gives them an edge over many Chinese competitors that are relatively new and lack the regimented processes that are required to guarantee a high level of quality. Therefore  IP  –  in  particular  with  regards  to  new  technologies  and  the  ability  to  protect  this technology from Chinese competitors – will be a key factor in the battle for market share. Continue reading “Protection of IPR in the Automotive Industry in China” »