Back to the Basics Series: Copyright Protection in China

shutterstock_107811341Last week we refreshed our memories about the basic Copyright protection in South-East Asia and as copyright issues are still fresh in our minds, it is now a good time to also delve into copyright issues in China. Today’s blog post thus gives a good basic overview of the Copyright protection in China. 

Today, intellectual property rights have a strong footing in China, despite the persistence of media accounts suggesting otherwise. There are dedicated IP courts in major cities and litigation by foreign companies is frequently successful.

China is now making significant headway in the cultural and high-tech industries, where copyright is the key. One example is the book industry, with sales increasing by over 30% from 2013 to 2014. Another new industry is the mobile app industry, now worth over $8.7 billion (2015), with small domestic start-ups relying on copyright to safeguard them in a market where less cautious foreign app developers have been overtaken by copycats. Continue reading “Back to the Basics Series: Copyright Protection in China” »

Copyright Protection in South-East Asia

copyright, page 2As the summer vacation is almost over it’s time to refresh our memories about the basic IPR protection. Today’s blog post discusses copyright protection in South-East Asia, pointing out some of the main differences in all 10 ASEAN nations.  

Copyright entitles the owners of literary and artistic works to a set of exclusive rights over their works. These rights include copying, translating, adapting and altering, communicating and performing to the public, distributing, renting and lending copies of the copyrighted works.

However, copyright is relevant to almost every business across all sectors, not just those in the creative industry. Businesses in all industries should take appropriate steps to identify existing copyrights and consider registering the most important to them. Adequate copyright protection should form an integral part of a solid overall business strategy.

What can be protected by copyright?

Copyright protects the tangible expression of an idea, but not the idea itself. SMEs can protect books, journals, instruction manuals, musical works, drawings and illustrations, computer programs, software and websites, architectural drawings and databases, etc. by copyright.  Continue reading “Copyright Protection in South-East Asia” »

New Developments in Vietnamese IP Regulations on Internet Domain Names

shutterstock_167099189In today’s blog post we take a  look at the recent developments in Vietnamese IP regulations concerning Internet Domain names and analyse the implications of these regulations to the European SMEs. 

On the 8 June 2016 the Ministry of Information and Communication and the Ministry of Science and Technology issued a Joint Circular on the amendment and recovery of domain names which breach the law on intellectual property.  The Joint Circular introduces a set of administrative proceedings that are available under the Vietnamese Law on Intellectual Property, for companies experiencing internet domain name infringement disputes. Such measures include clear deadlines for infringers to ensure they stop their activities and return the domain names to their rightful owners, as well as steps that the authorities can take if the infringers refuse to obey these regulations. Continue reading “New Developments in Vietnamese IP Regulations on Internet Domain Names” »

How to Protect Interior Designs of Shops in China

shutterstock_385731427In today’s blog post, we will take a look at how SMEs can protect the interior design of their shops, which can be as important as protecting their brand and other types of IP. 

When Brent Hoberman, founder of online interior design and furniture store Mydeco.com, made a trip to China one man was particularly keen to meet him. When they met, the man explained that he wanted to launch a web business but had no idea how to do it until he found Mydeco.com and copied it. He only wished to express his appreciation personally to Mr Hoberman.

In 2011 the residents of Kunming, a city in the South-Western region of China were delighted to find an IKEA shop there. The copycat store is an enormous, multi-level shop that sells modern IKEA-like furniture and even copies the distinctive blue and yellow branding. The residents realized it was a fake, but have little choice as the closest real IKEA is in Chongqing, 940km away.

Store layouts, colours and designs become synonymous with a brand, so imitation of a store interior is very damaging to companies. At times it is increasingly difficult to separate the real from the fake. Continue reading “How to Protect Interior Designs of Shops in China” »

Taking Action Against Trademark Infringement in Indonesia

shutterstock_81193486-520x345Today’s blog post has been kindly drafted for us by our IPR SME Helpdesk expert Mr. Somboon  Earterasarun from Tilleke & Gibbins. Mr Earterasarun gives an excellent overview on how to fight against trade mark infringements in Indonesia. 

Indonesia uses a “first-to-file” system, under which trademark owners must register their trademarks before they are able to take action against infringers for trademark infringement. The earlier your trademarks are registered and the wider their scope of protection, the better chance you have to exercise your rights and protect your intellectual property (IP).

As a trademark owner facing infringement of your IP rights in Indonesia, there are a number of important considerations to be aware of, and you have various means of recourse available to you. Continue reading “Taking Action Against Trademark Infringement in Indonesia” »