No Squatting: Online IPR Protection in China

shutterstock_167099189China possesses a population of over 1.3 billion people;[1] of these, there were 632 million internet users in China by the end of 2014 – this is approximately half the population of China and three times the number of internet users in South-East Asia.[2]

The share of internet users in China now equals 46.03% according to the state-administered China Internet Network Information Center (CNNIC). [3] Trends also suggest that internet use in China is set to experience further growth in coming years.

E-commerce is well developed in China today, and is predicted to account for around 10% of total retail purchases by the end of 2015, in contrast with 6 to 8% in Europe.[4] Furthermore, a study undertaken by KPMG predicts that as wealth, internet penetration, brand awareness and loyalty spread, online retail in China is also set to expand.[5]

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Industry Spotlight: IPR in the ICT Industry

shutterstock_182269964China’s IPR (intellectual property rights) protection system is expanding and improving, but it remains separate and distinct from the European system. Accordingly, to be successful in China your business must take preventative measures to protect your intellectual property rights; one must obtain valid IPR rights in China as a minimum first step. In other words, the protection of IPR rights should be a key part of your business strategy, whether entering or expanding operations in China.

While some IPR issues are common to all types of European companies doing business in China, others are specific to the ICT industry. The China IPR SME Helpdesk outlines appropriate patent and trade secret strategies, the type of patents particularly relevant to ICT companies and suitable IPR enforcement measures. Enforcement of IPR is discussed through a case study of an IT company that has taken enforcement actions in China.

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Food and Beverage Podcast with our expert Reinout Van Malenstein

RvMIt’s Friday and the first week of our industry spotlight month is drawing to a close.
As a final treat for EU Food and Beverage SMEs we asked Mr Reinout Van Malenstein, IP lawyer and expert in Chinese intellectual property law for some advice for F&B companies looking to make the leap into the lucrative Chinese market:

 

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Guest Expert Davide Follador: GIs in China Today

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Davide Follador is one of IP Key’s long term experts based in Beijing. He is responsible for the legal component focusing on trademarks, copyright, geographical indications and IP enforcement. He served as officer in the Italian Police and subsequently obtained a Master of Laws in International Commercial Law. He is also a qualified European Trademark and Design Attorney (OHIM) and is a member of the Milan BAR. Davide has been practicing as an  IP lawyer since 2001 and specialises in cross border EU-China Intellectual Property matters, currently working with a cross-cultural and highly specialised international team based in Europe and in China, to design and develop EU-China cooperation activities in the field of intellectual property.

In recent months Davide has worked closely with both EU and domestic Chinese entities in the study of Chinese legal policy regarding GI products. He has kindly collated a wealth of information, together with his professional analysis of the current situation in China which should be of great use to any EU producers of GI products looking to export to China.

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