IP Enforcement Litigation in Taiwan: Some Basics

courtToday’s blog post has been kindly shared with us by our external experts Mr. John Eastwood and Ms. Eve Chen from Eiger. In this article, Mr. Eastwood and Ms. Chen give a basic overview of IP enforcement litigation in Taiwan. You will learn more about the options you have in Taiwan to take action against the infringements of your IP rights and how to prepare to defend your rights. The article first appeared on Eiger website.  

INTRODUCTION

Rights holders looking at Asia-Pacific enforcement budgets often have to make hard decisions about where to take action. Although Taiwan’s population is small (about 22 million), it has a big role in financing massive overseas infringement in China and Southeast Asia and it is still a major manufacturer of fake optical-media products (CDs, DVDs, CD-ROMs), auto parts, and high-tech products involving infringements of patents and misappropriation of trade secrets. Fortunately, the Taiwan court system offers some solid options to rights holders who want to take action.

PREPARING FOR ACTION

Rights holders need to prepare evidence and documents establishing their rights and the facts of infringement before they take action, as the Taiwan police, prosecutors and judges involved with authorizing raid actions are sticklers for details. As a preliminary matter in trademark and copyright cases, it is important to assemble copies of the Taiwan trademark certificates (front and back sides) and any supporting documentation needed to establish copyright protection. Continue reading “IP Enforcement Litigation in Taiwan: Some Basics” »

Intellectual Property Rights in China for SMEs in the ICT Industries

anatomy-1751201_1280ICT industry in China continues to grow and to offer promising business opportunities to European SMEs, whose top-notch technology is highly sought after in the country. in today’s blog post we are taking a closer look at IPR protection in China’s ICT industry, focusing on patent protection and  trade secret protection. The article will also offer some tips on how to enforce your rights in case of an infringement. 

China’s IPR (intellectual property rights) protection system is expanding and improving, but it remains vastly different 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.

Developing a patent and trade secret strategy for China Continue reading “Intellectual Property Rights in China for SMEs in the ICT Industries” »

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” »