Bodega Branding: The How, What, When, and Why of Wine IPR Protection

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In our last article we sang a song of growth and prosperity for the wine industry in China, fuelled by the staggering figures of industry growth and Chinese wine consumption in recent years. This was tempered somewhat by the somewhat tragic tales of the relatively unimpeded development of a parasitic counterfeiting industry which continues to sap the profits of wine producers, damage reputations, and in some cases harm consumers in the process1. 

Today however we’ll be striking a more positive note, and looking at how producers and distributors can utilise the established IPR protection framework maintained by the People’s Republic of China and defend the reputation of their products. 

Traditional Anti-Counterfeiting Measures 

Tamper proof seals, holograms, and other authentication technologies have long been used by vintners to identify the authenticity of their products to their consumers. Unfortunately, counterfeiters have been working almost as long to develop copies of these so-called preventative measures, and as a result they have done little more than slow the progress of counterfeiters in copying new products. 

In fact, even if consumers have the inclination or opportunity to check these identifiers, the sophistication of counterfeiters has now reached the point where even the producers themselves have difficulty in identifying fakes, and are forced to rely on laboratory testing to identify counterfeits2. 

Producers and distributors can no longer rely on traditional, physical measures alone to combat counterfeiting, and must also take advantage of the other tools at their disposal. 

Continue reading “Bodega Branding: The How, What, When, and Why of Wine IPR Protection” »

Patent Protection Case Study: The Importance of a Robust IP Enforcement Strategy

shutterstock_166598477_blueEnforcing your patent rights in China could oftentimes be challenging as counterfeiters are also getting smarter and more innovative over time. However, if a European SME has a good IP enforcement strategy in place, it is possible to successfully defend your business against patent infringers. In today’s blog post we are taking a look at a case study involving a Spanish SMEs that experienced some issues with patent infringements. This case study shows the importance of a good IP enforcement strategy for the business success.

Case Background 

A Spanish SME in the scientific research and development industry has patents around the world and in China on certain cutting edge surgical instruments. At an international exposition of surgical instruments the Spanish Company discovers a Chinese company advertising their patented products under the name of the Chinese company. The Spanish company obtains flyers and photos of the products. However, the Spanish company is also concerned that the Chinese company might have defensive utility model patents in place. Since, utility model patents are approved quickly (usually within one year) and do require official examination on novelty, inventiveness and industrial applicability, this could potentially bar the Spanish company from entering the Chinese market. Continue reading “Patent Protection Case Study: The Importance of a Robust IP Enforcement Strategy” »