Copyright Protection in Cambodia

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copyright_lockThis week we will continue the basic IPR series for Cambodia and  focus on the copyright protection. Today’s blog post gives a general overview of copyright protection in Cambodia and discusses the importance of voluntarily registering your copyright. You will  also find information on how to enforce your copyright in the unfortunate case of copyright infringement. 

Copyright in Cambodia

Copyright is an intellectual property right that protects creations of the mind. These rights, generally, include: copying; publishing; translating; adapting and altering; distributing; etc. and are granted automatically following the creation of the work.

The Cambodian Copyright Law grants the exclusive legal right to authors and other right holders to exploit their “works, production of cultural products, performances, phonograms, and transmissions of broadcasting organizations”.

Even though, copyright normally enjoys automatic protection in most South-East Asian countries from the moment of its creation, the European SMEs should keep in mind that this is not always the case in Cambodia. Foreign works do not enjoy automatic protection in Cambodia, even though Cambodia is a member of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). As not all Cambodia’s national laws are yet in accordance to the TRIPS regulations, Cambodia currently does not grant similar protection to foreign works as it does for Cambodian works. Cambodia has to comply with the TRIPS agreement by 2021. Continue reading “Copyright Protection in Cambodia” »

Back to the Basics Series: Copyright Protection in China

shutterstock_107811341Last week we refreshed our memories about the basic Copyright protection in South-East Asia and as copyright issues are still fresh in our minds, it is now a good time to also delve into copyright issues in China. Today’s blog post thus gives a good basic overview of the Copyright protection in China. 

Today, intellectual property rights have a strong footing in China, despite the persistence of media accounts suggesting otherwise. There are dedicated IP courts in major cities and litigation by foreign companies is frequently successful.

China is now making significant headway in the cultural and high-tech industries, where copyright is the key. One example is the book industry, with sales increasing by over 30% from 2013 to 2014. Another new industry is the mobile app industry, now worth over $8.7 billion (2015), with small domestic start-ups relying on copyright to safeguard them in a market where less cautious foreign app developers have been overtaken by copycats. Continue reading “Back to the Basics Series: Copyright Protection in China” »

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” »

Trade Marks vs Enterprise Names in China: What’s the Difference?

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shutterstock_152628707Should I only register my trade mark in China or should I also register my enterprise name? What’s the difference? In today’s blog post we will take a closer look at the difference between SMEs’ enterprise names and their trade marks and give advice on how to adequately protect both in China. 

What do trade marks and enterprise names look like? 

Both trade marks and enterprise names are commercial marks. They function as signs, through which businesses and their products can be identified by their consumers.

Trade marks are used specifically to distinguish commercial products from other products on the market. They come in many varieties, including words, images, colour combinations and sounds.

Take the familiar case of an iPhone. Everything from its name to its message tone is trademarked. This prevents other companies from copying the brand, so that consumers can easily identify genuine iPhone products from other products in the sector. Continue reading “Trade Marks vs Enterprise Names in China: What’s the Difference?” »

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” »