Tag Archives: Copyright

IP Enforcement Litigation in Taiwan: Some Basics

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courtToday’s blog post has been kindly shared with us by our external experts Mr. John Eastwood and Ms. Eve Chen from Eiger. In this article, Mr. Eastwood and Ms. Chen give a basic overview of IP enforcement litigation in Taiwan. You will learn more about the options you have in Taiwan to take action against the infringements of your IP rights and how to prepare to defend your rights. The article first appeared on Eiger website.  

INTRODUCTION

Rights holders looking at Asia-Pacific enforcement budgets often have to make hard decisions about where to take action. Although Taiwan’s population is small (about 22 million), it has a big role in financing massive overseas infringement in China and Southeast Asia and it is still a major manufacturer of fake optical-media products (CDs, DVDs, CD-ROMs), auto parts, and high-tech products involving infringements of patents and misappropriation of trade secrets. Fortunately, the Taiwan court system offers some solid options to rights holders who want to take action.

PREPARING FOR ACTION

Rights holders need to prepare evidence and documents establishing their rights and the facts of infringement before they take action, as the Taiwan police, prosecutors and judges involved with authorizing raid actions are sticklers for details. As a preliminary matter in trademark and copyright cases, it is important to assemble copies of the Taiwan trademark certificates (front and back sides) and any supporting documentation needed to establish copyright protection. Continue reading “IP Enforcement Litigation in Taiwan: Some Basics” »

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

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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

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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” »

Structural changes in IPR registration and Enforcement bodies in China

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EU SMEs should be made aware of important changes made to the structure of Intellectual Property registration, management and enforcement governing bodies in China which were announced in the context of the annual plenary session of the National People’s Congress (NPC) and the National Committee of the Chinese People’s Political Consultative Conference (CPPCC) (also known as ‘Two Sessions’) which took place in early March. The restructuring of IP management and enforcement bodies is part of a wider reorganization of China’s  ministries and agencies in order to increase their efficiency. The date at which these changes will come into effect has not yet been announced.

The following existing entities are to merge together and fall under the umbrella of a newly created State Market Supervision Administration (SMSA):

  • State Intellectual Property Office (SIPO): This is the Chinese patent office and it is also in charge of the IP foreign affairs. This is the entity at which European SMEs register their patents in China.
  • State Administration of Industry and Commerce’s Function of Trademark Management: Currently Trademark registration is handled before CTMO (China Trade Mark Office), which is under SAIC (State Administration of Industry and Commerce).
  • General Administration of Quality Supervision, Inspection and Quarantine’s Function of “Place of Origin” Label Management (AQSIQ): They are currently in charge of Geographical Indications. GIs are registered here in China by the regional organisations responsible for these GIs.

Continue reading “Structural changes in IPR registration and Enforcement bodies in China” »

IP Protection for the ICT Industry in Malaysia

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board-453758_1920In today’s blog post we are discussing IP protection in Malaysia’s ICT industry, which has recently been offering many promising business opportunities for the European SMEs. You’ll  learn more about patent and design protection and how to ensure that your brand is safe from counterfeiting. 

Malaysia has a booming ICT industry with the ICT sector being forecasted to contribute about 20% to the country’s GDP by 2020.[1] The ICT sector is being further supported by Malaysian government that has taken special interest in developing the Internet of Things (IoT) and cloud computing. The government namely hopes that adoption of cloud computing and building on the National Broadband Initiative, would accelerate Malaysia’s development into an advanced economy[2].

As the government is investing heavily into ICT- related projects like developing smart city infrastructure or strengthening cybersecurity, the ICT sector will offer many promising business opportunities for the European SMEs whose top-notch technology and know-how are highly sought after through encouragement of foreign investments in the ICT sector.

European ICT companies should, however, pay attention to protecting their IP rights when planning their business strategy for Malaysia’s market, because IP infringements are still relatively common in the country. Well-managed IP is often a key factor for business success and neglecting to register IP rights in Malaysia could easily end SMEs’ business endeavor in the country. Thus, a robust IPR strategy is needed, when entering Malaysia’s market. Continue reading “IP Protection for the ICT Industry in Malaysia” »