Appearances do matter!

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Intellectual property rights (IPR) infringements against consumer goods in China come mainly in the form of counterfeits. However, infringement is sometimes not so clear cut. Infringers may target the packaging and visual presentation, rather than the actual contents, functional design, and trade mark logo of a product. For many consumer goods, packaging can be key to the identity of the product and thus its market appeal, meaning a potential loss of sales and harm to the original producer’s reputation if counterfeits reach the shelves.

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China’s Revised Patent Examination Guidelines (Draft): implications for business

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Insights into the “patent quality” landscape in China are increasingly important for understanding wider issues ranging from the types of risks businesses face when operating in China to the direction of the innovation-economy in the country. By way of one insight, this article discusses a recent initiative from the State Intellectual Property Office (SIPO) to improve patent quality in China and its implications for businesses.

Ongoing concerns

Utility model patents and design patents in China are cheaper and easier to obtain than invention patents because of lower patentability thresholds and because they do not undergo a rigorous mandatory examination. As a result, low quality utility model and design patents run a higher risk of being granted than low quality invention patents. Continue reading “China’s Revised Patent Examination Guidelines (Draft): implications for business” »

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.

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