IPR and the Fashion Industry in China

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The fashion industry encompasses the design, manufacturing, distribution, retailing, marketing and promotion of clothing, footwear and accessories and is worth billions of Euros every year.

While the fashion industry initially developed in Europe and the United States (the Italian footwear industry is one of the largest in the world and the textile industry is one of the United States’ most important employers in the manufacturing sector), today, fashion is an international and highly globalised sector.

China’s fashion industry, for instance, is set to become the world’s second largest fashion market by 2020, with sales expected to reach over RMB 1.3 trillion (EUR 182 billion) – roughly three times their current level.[1] According to the Boston Consulting Group, China will account for 30% of the global fashion market’s growth over the next five years.[2]

China therefore represents both opportunities as a manufacturing hub and a maturing consumer market, and risks, as a potential source of counterfeit merchandise. In order to avoid potentially damaging losses, EU SMEs operating in the fashion industry should take important measures to protect their intellectual property rights (IPR) in China. This blog outlines relevant IPR protection strategies in China, of particular relevance to the fashion industry.

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ICT IPR Podcast with our expert Reinout Van Malenstein

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RvMIt’s the end of week 2 of our Industry Spotlight Month. We wrapped things up this week with an interview with our expert; Mr Reinout Van Malenstein discussing the core issues and considerations for companies in the ICT industry interested in entering China’s rapidly expanding technology marketplace.

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No Squatting: Online IPR Protection in China

shutterstock_167099189China possesses a population of over 1.3 billion people;[1] of these, there were 632 million internet users in China by the end of 2014 – this is approximately half the population of China and three times the number of internet users in South-East Asia.[2]

The share of internet users in China now equals 46.03% according to the state-administered China Internet Network Information Center (CNNIC). [3] Trends also suggest that internet use in China is set to experience further growth in coming years.

E-commerce is well developed in China today, and is predicted to account for around 10% of total retail purchases by the end of 2015, in contrast with 6 to 8% in Europe.[4] Furthermore, a study undertaken by KPMG predicts that as wealth, internet penetration, brand awareness and loyalty spread, online retail in China is also set to expand.[5]

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Industry Spotlight: IPR in the ICT Industry

shutterstock_182269964China’s IPR (intellectual property rights) protection system is expanding and improving, but it remains separate and distinct from the European system. Accordingly, to be successful in China your business must take preventative measures to protect your intellectual property rights; one must obtain valid IPR rights in China as a minimum first step. In other words, the protection of IPR rights should be a key part of your business strategy, whether entering or expanding operations in China.

While some IPR issues are common to all types of European companies doing business in China, others are specific to the ICT industry. The China IPR SME Helpdesk outlines appropriate patent and trade secret strategies, the type of patents particularly relevant to ICT companies and suitable IPR enforcement measures. Enforcement of IPR is discussed through a case study of an IT company that has taken enforcement actions in China.

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