How to Remove Counterfeit Goods from E-Commerce Sites in South-East Asia

2. Credit CardE-commerce has also been growing in South-East Asia and it’s attracting many European Companies. Together with the growth of e-commerce, the presence of counterfeit goods on these e-commerce sites has also been growing. In today’s blog post we are discussing how to remove counterfeits from the major e-commerce sites like Lazada in South-East Asia. 

A growing middle class coupled with increasing internet access has led to fast-paced e-commerce growth in South-East Asia in the past decades. The middle-class population of ASEAN, according to expert estimates, may grow from 190 million in 2012 to 400 million in 2020[1] . Additionally, there are approximately 200 million people in South-East Asia with access to the internet and this number is expected to grow three-fold by 2025. E-commerce in South-East Asia can thus offer many promising business opportunities for the European SMEs.

Besides being a forum for legitimate vendors and original products, the internet is also used by unscrupulous businesses as a platform for the distribution of counterfeit goods which infringe intellectual property rights of others. The explosive growth in access to the internet has resulted in counterfeiters to move their illegal activities online. Online e-commerce websites might become easy and anonymous options for counterfeiters to reach out to potential customers as well as popular social media platforms. A recent study reported that 20% of 750,000 posts on the popular social media platform Instagram alone in relation to well-known fashion brands involved the offer of counterfeit products for sales, with many of the vendors identified to be based in China, Malaysia and Indonesia among others[2]. Continue reading “How to Remove Counterfeit Goods from E-Commerce Sites in South-East Asia” »

Patent Strategies for Startups

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Today’s Post will focus on Patent Strategies for Startups in South-East Asia and has been kindly drafted for us by Ms. Chan Wai Yeng who is a patent specialist at Taylor Vinters Via LLC. Ms. Chan Wai Yeng will explore three patent strategies and several alternatives to ensure your product is best protected.

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Startups generally worry that acquiring a patent is prohibitively expensive

As discussed in the first patent article, the cost of patenting is high and generally several order of magnitudes higher than the cost of acquiring other IP rights such as trade mark and industrial design rights.

A cohesive patent strategy can yield significant competitive advantage

The high level of financial investment involved in patent filing may deter startups from developing a comprehensive IP strategy that includes patent filings at its initial development stage. However, startups with a cohesive patent strategy that aligns with their business can benefit from gaining a strong competitive advantage in the market. Having a patent filing strategy can also mitigate litigation risks from competitors.

Continue reading “Patent Strategies for Startups” »

How to Secure Effective Evidence at Trade Fairs in China

Page 1. 1.Protecting your IP at Trade FairsTrade fairs are a great place for European SMEs to introduce their products to China and to find suitable business partners. With the coming spring there will be many opportunities for European SMEs to participate at various trade fairs in China. SMEs planning to participate in trade fairs should however have the full knowledge of what to do if they happen to find infringing products at trade fairs, in order to be able to protect their business. Thus in today’s blog post we have chosen to discuss how to effectively secure evidence at trade fairs in China. 

For companies considering moving into international markets, trade fairs are a key channel to introduce their product to the new market, expand visibility and customer base and seek partners for manufacturing, distribution and retail.For many European SMEs, exhibiting at a major trade fair in China may be the first step towards internationalisation. However, as well as providing business opportunities, trade fairs also pose risks for exhibitors by exposing new products, technology, designs and brands to those who would copy the efforts of others for their own financial gain. In many ways a trade fair can be viewed as a supermarket for local counterfeiters looking for the next great product to copy or brand to appropriate, often to be sold at the same fair that the original product developer would like to exhibit.

Examples of typical infringements found at trade fairs include:

  • Displaying and selling counterfeit products bearing the trade mark(s) identical or similar to others’ registered trade mark(s);
  • Displaying and selling the products counterfeiting other’s patent rights;
  • Utilising others’ copyrighted images, texts in the advertisement and/or company brochure and/or product catalogue;
  • Copying others’ products’ design;
  • Copying the design of another’s exhibition booth.

Why is collecting evidence important?

Evidence is needed for IPR enforcement. No matter which enforcement action is best suited for the company, the European SME will need to prove that its IPR have been infringed by producing a significant volume of evidence. In China’s People’s Court the burden of proof lies with the plaintiff (claimant) and documentary evidence is far stronger than witness testimony. As well as proving ownership via IPR certificates SMEs must prove the infringement via physical evidence including contracts, photographs of infringing products and proof of sale which have been validated by a notary public (a public officer or other person who is authorised to authenticate documents, evidence etc). If SMEs wish to seek assistance from an administrative body (e.g. the State Administration for Industry and Commerce (SAIC) for trade marks) they must provide a similar body of evidence for the case to be accepted. Continue reading “How to Secure Effective Evidence at Trade Fairs in China” »

Copyright in China: Q&A for the International Comparative Legal Guide on Copyright 2017

copyright, page 2Have a question about Copyright protection in China? Today’s blog post will provide you an answer. Our China IPR SME Helpdesk expert Mr. Charles Feng from East & Concord Partners based in Beijing has kindly drafted for us a very useful and informative blog post on Copyright Protection in China. In this comprehensive Copyright Guide, presented in Q&A format, you will  be able to find answers about how to register Copyright in China, what rights do you have in China and how you can enforce these rights. 

1          Copyright Subsistence

1.1       What are the requirements for copyright to subsist in a work?

Article 2 of the Implementing Rule of Copyright Law of PRC provides that work shall refer to original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.

Therefore, a work protectable under the Copyright Law of PRC must be:

  • original, which means that the work must be originated by the author rather than copied from any other party; and
  • reproducible, which means that the work must be able to be fixed in a tangible form.

Continue reading “Copyright in China: Q&A for the International Comparative Legal Guide on Copyright 2017” »

How to Conduct a Trade Mark Search in China

shutterstock_81193486-520x345Before even starting to prepare your trade mark registration application in China, it is vital to be sure that an identical or similar trade mark hasn’t been already registered in China. Today’s blog post is a step-by-step guide to how to use the China Trade Mark Office (CTMO) database to conduct preliminary trade mark research yourself.

Every company, no matter how big or small, has some intellectual property (IP). The most common type of IP right is a trade mark. A trade mark is essential to all kinds of companies, whether you are a producer, distributor or service provider, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand.

International laws, including Chinese laws, grant legal protection to trade marks providing they comply with a few basic requirements: the mark must be distinctive; must not have previously been used by others in the same market; and must not describe the product, e.g. you cannot register ‘apple’ as a trade mark for apples.

Trade marks are territorial in nature and therefore must be registered in every country. A trade mark registered in Spain, for example, is not automatically valid in China. If you want to obtain protection in China you must register with the China Trade Mark Office (CTMO) either by directly filing a domestic application or by filing an international extension through the Madrid System. Continue reading “How to Conduct a Trade Mark Search in China” »