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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SIPO’s good intentions

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The Chinese State Intellectual Property Office (SIPO) has issued invitation for comments on the next revision of the Chinese Patent Law. Why is this important for your business? Well hopefully, because it means it will soon become easier to protect your patents and therefore your innovations in China.

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Letting copycats get away with it? Think again

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Many a time, a European company is faced with Chinese companies that infringe its intellectual property rights in China. High costs of litigation, the complexity of navigating a different legal system, and China not being their core market are commonly cited as reasons for foreign companies not ensuring their rights are enforced. In most cases the ‘copycats’ are then left to continue their infringing activities, despite the foreign company knowing about it. This sets a dangerous precedent; especially considering the difficulty of the above ‘obstacles’ is sometimes over-estimated. Continue reading “Letting copycats get away with it? Think again” »