IPR Protection in Indonesia for Contemporary Design Industry

shutterstock_385731427Since Indonesia’s design market and especially furniture design market offers interesting opportunities for European SMEs, 40 selected companies recently took part of the EU Gateway Business Avenues mission, where they met with local companies in Indonesia in early March 2017 to find business opportunities. As IP protection is the key to successful new business endeavors abroad, then in today’s blog post, we have chosen to discuss IP protection issues in the contemporary design industry in Indonesia. You will learn what you need to do in order to ensure that your product design is protected in Indonesia. 

Market Opportunities for European SMEs in Indonesia

Indonesia’s contemporary design industry holds great potential for European SMEs, supported by government’s initiatives of further developing the industry. Furniture sector is currently the backbone of Indonesia’s design industry as, boosted by high export demands, industrial production in Indonesia’s furniture industry has recorded high increase rate and profits gains over the past few years, a trend which will continue in 2017 and beyond, as Indonesia aims at becoming the dominant player in ASEAN’s furniture market[1].

Indonesia’s contemporary design market offers interesting business opportunities for European SMEs especially those engaged in the furniture and interior design sector, as the country can offer a competitive manufacturing base with relatively low labor costs and a wide availability of skilled carpenters and wood carvers. Furthermore, the country has vast resources of natural materials like teak, rattan or bamboo, attracting the attention of foreign investors.

The domestic market of Indonesia seems equally promising for imported European design products, especially products relating to interior design and home improvement as there is increasing demand for interior design services due to the booming domestic property sector, such as hotels, condotels, and restaurants. Moreover, the continued expansion of an affluent middle class in the country is driving the demand up for boutique producers of high-end contemporary furniture as well as niche sectors (i.e. leather furniture, European classic style pieces)[2]. Continue reading “IPR Protection in Indonesia for Contemporary Design Industry” »

IPR Protection in Singapore for Contemporary Design Industry

Singapore designSince Singaporean design market offers interesting opportunities for European SMEs, 40 selected companies recently took part of the EU Gateway Business Avenues mission to Singapore, where they met with local companies in the context of the International Furniture Trade Fair that took place at the Singapore Expo just last week. As IP protection is the key to successful new business endeavors abroad, then in today’s blog post, we have chosen to discuss IP protection issues in the contemporary design industry in Singapore. You will learn what you need to do in order to ensure that your product design is protected in Singapore. 

Market Opportunities for European SMEs in Singapore

Underpinned by the efforts of the Singapore’s government to promote a shift to a high-tech creative economy in the industrial design and lifestyle sectors, Singapore is rapidly becoming a contemporary design hub, operating as a gateway to the whole Asian region. Being present in Singapore’s market, would also give European SMEs an easy access to the rest of Asia.

The domestic market of Singapore is also very promising for European SMEs in design sector. Changes in lifestyle across business and consumer segments have increased the demand for high quality products and new design solutions, which offers many business opportunities to European designers. Furthermore, increasing awareness and appetite for eco-friendly solutions amongst Singaporean increasingly affluent middle class offers lucrative business opportunities for European SMEs specialized in eco-design and new design solutions.

Promising business opportunities for European SMEs are also expected in the long run, as the demand for higher quality retail consumption is expected to grow steadily in Singapore. Forecasts show that over one-third of Singapore households will earn more than €135,000 by 2018[1]. Continue reading “IPR Protection in Singapore for Contemporary Design Industry” »

Protecting your Festive Design in China: Design Patents and Copyrights

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” »

Trade Mark Protection in Myanmar: A Case Study

imageedit_1_8961851529In today’s blog post we are taking a look at the trade mark protection in Myanmar, a country that is in the process of modernizing its IP laws. Even though  Myanmar has published a new Draft Trade Mark Law back in 2015, the law has still not yet come to force and in the meantime EU SMEs still  need to protect their IP in Myanmar. This blog post offers some advice on how to protect your trade mark and the design of your package in Myanmar by focusing on a recent case study. 

Trade Mark Regime in Myanmar

Compared to other South-East Asian countries, Myanmar currently has the weakest IP laws and regulations in place. Myanmar is not yet a signatory of any multilateral trade mark treaty. However, in accordance with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) , to which it has acceded, Myanmar is required to implement and comply with Articles 1-12, Article 19 of the Paris Convention and the terms of TRIPS by no later than 1st July 2021. Myanmar is now in the process of drafting several IP laws

Currently, there is still neither a particular statute nor law on trade marks, nor specific provisions regarding the registration of trade marks in Myanmar. However, the Penal Code of Myanmar defines a trade mark as “a mark used for denoting that goods are the manufactured merchandise of a particular person”. Likewise, the Private Industrial Enterprise Law provides that “a business is not allowed to distribute or sell its goods without trademark”. At present, foreign companies doing business in Myanmar have been relying on these laws to enforce their IP rights relating to trade mark. Continue reading “Trade Mark Protection in Myanmar: A Case Study” »

IPR Protection in China for the Medical Device Industry: Case Study

pharma-sectorIn today’s blog post we will take a look at a case study from the medical device industry in order to explore how important it is to register and obtain IP rights in China before starting to do business in or with China. The case study will also show that persistent IP enforcement is one of the key factors to IP protection and business success in China. 

Background of the Case

A European company in the dental instruments sector was selling their product in China through a Chinese distributor. They discovered a competitor in China was offering a similar, but lower-specification product, using an identical exterior design, colour scheme, and control interface. The technical manual, diagrams and parts of their brochure appeared in part to be directly copied from the original. Overall, the competitor’s product gave the appearance of being similar in function to that of the European company, although its performance level and price were much lower. Continue reading “IPR Protection in China for the Medical Device Industry: Case Study” »