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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Getting Territorial: Champagne and Geographic Indicators in China

Photo credit: Andrea Parrish-Geyer“Champagne”, “Bordeaux”, “Parma Ham”, “Parmesan”. Each of these products, associated with certain regions, are renowned and trusted for their nature, quality and authenticity. As a consumer, you are probably more familiar with “Scotch”, “Cognac” and “Bavarian beer” than unnamed brands claiming to use the same ingredients. A GI is therefore a labelling that identifies a good as originating in a specific territory, region or locality, where characteristics of the good are associated with its place of origin.[1]

GIs are protected by World Trade Organization (WTO) signatories, including all 28 European Union (EU) Member States (MS) and China – since 2001. This is designed to prevent unfair competition and to protect consumers from purchasing goods that misleadingly claim to be from a particular place.

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Myanmar: New trade mark law coming soon!

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Flag_of_Myanmar_svgMyanmar has taken its first real steps towards establishing a concrete system of protecting intellectual property rights (IPR). The country’s trade mark Law is now being drafted and reviewed, and is due to take effect during the first quarter of 2014. The Myanmar Intellectual Property Office will also be set up and will soon be able to accept and register applications for trade mark registration. Looking ahead, regional ASEAN IPR SME Helpdesk Expert Darani Vachanavuttivong suggests that these developments will assure foreign investors in the country that their brands will now receive trade mark protection in line with international standards. To read more about Darani’s commentary on Myanmar’s emerging IP regime and practical information about the registration process, click here.

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Enforcing Your Rights in China

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copyright_lockThe intellectual property rights (IPR) available in China are very similar to those available in Europe. Assuming you have registered your IP and found it being infringed then you will want to enforce it.  How might you find out your products have been infringed? Your customers might tell you about competing products, you might find infringements for sale on the internet, you might see infringing products at a trade fair etc… Continue reading “Enforcing Your Rights in China” »