How to Remove Counterfeit Goods from E-Commerce Sites in China

Online IPR ProtectionAs more and more European SMEs embrace the popular e-commerce concept in China, they are also confronted with online counterfeiting problems. Today’s blog post discusses how European SMEs can monitor online selling sites and how they can start the notice and take down process to remove counterfeits from the most famous Chinese online e-commerce sites like Taobao and Alibaba. 

China: Counterfeit goods and the internet

The internet has become a popular and easy channel for product distribution around the world. It has created a marketplace of more than half a billion users in China, more than a third of the world’s total online population, and is still expanding. Apart from being a forum for legitimate vendors and original products, the internet is also used by illegal and unscrupulous businesses as a platform for the distribution of counterfeit goods which infringe intellectual property rights (IPR).

As the internet provides a convenient platform for counterfeits, we recommend that every European SME (especially those with successful products) should monitor Chinese e-commerce sites for infringing products. By moving quickly you will be able to have infringing products removed from sale and preserve your market share. Although some companies find that internet monitoring is time consuming but you may find yourself at high risk if you sell your product on the Chinese market, manufacture your product in China or even if you have a popular product on sale in Europe. Continue reading “How to Remove Counterfeit Goods from E-Commerce Sites 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” »

Protection of IPR in the Automotive Industry in China

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LandWindYour IP in the Chinese Automotive Industry

The automotive industry in China has seen rapid expansion over the last decade; the automotive parts market alone was worth RMB 1.5 trillion (€179 billion) in 2010 and the increasing volume of vehicle sales in the country predicts that the trend is set to continue. There are clear opportunities for European businesses to profit from this booming market but precautionary steps must be taken to meet the challenges that China poses.

When  it  comes  to  Intellectual  Property  (IP)  protection,  international  small  to  medium-sized businesses that invest in the local automotive industry should be aware of the IP risks that they run when operating in China, and the main tools at their disposal to protect against those risks.

Currently, the most important factors that allow international automotive businesses to operate in Chinese Tier 1 and Tier 2 markets, are their established contacts with global car manufacturers (the Original Equipment Manufacturers, or OEMs who produce parts or components for sale to other manufacturers to market under their own brand name – for more information you can watch the China  IPR  SME  Helpdesk   webinar  on  OEM  in  China),  their  technological  capabilities,  and  their reputation for quality. This gives them an edge over many Chinese competitors that are relatively new and lack the regimented processes that are required to guarantee a high level of quality. Therefore  IP  –  in  particular  with  regards  to  new  technologies  and  the  ability  to  protect  this technology from Chinese competitors – will be a key factor in the battle for market share. Continue reading “Protection of IPR in the Automotive Industry in China” »

The Last (or First) Line of Defense: Using Customs to Protect your IPR in China

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customs1Businesses in Europe have increasingly benefited from Customs authorities acting to prevent counterfeit products from entering their borders – seizures of products infringing on others intellectual property (IP) make news stories around Europe every week. Not many businesses, however, realise that unlike most countries the Chinese Customs authorities not only have the power to examine and seize criminal imports, but also exports. China Customs have the authority to protect IP rights by confiscating infringing goods and imposing fines on infringers. If the infringement of IP rights exceeds a certain threshold, then the Customs authorities will also arrange for criminal proceedings to be brought against the infringing party.

The Customs IP Regulations provide that IP rights can be recorded with the General Administration of Customs (GAC) in Beijing. Although it is not compulsory to record IP rights at the GAC in order to apply to local customs for enforcement proceedings, it is beneficial for a company moving goods in and out of China, because if IP rights are registered with Customs, then Customs has the power to detain at will any suspected infringing consignment of goods. In addition, local customs offices are more proactive when IP rights are recorded with GAC mainly because the recordal provides Customs officials with easy access to internal IP databases and makes it easier for them to determine whether goods passing through Customs are genuine or counterfeit. Recordal of IP rights also facilitates the process of commencing Customs enforcement proceedings.

Given that the recordal of IP rights with GAC is free and straightforward, recording with GAC is recommended by the China IPR SME Helpdesk experts.
Continue reading “The Last (or First) Line of Defense: Using Customs to Protect your IPR in China” »