IPR Protection in China for the OEM Industry

cool20080814_015In today’s blog post we are taking a closer look at IP protection in China’s OEM industry. You will learn about the IP associated with OEM industry like trade marks, copyrights and design patents, as well as how to protect the IP relevant to OEM industry. The blog post also provides some tips on how to mitigate IP risks in OEM contracts. 

The term Original Equipment Manufacturer (‘OEM’) designates a company that only makes a part of a product, or a subsystem, to be used in another company’s end product. The extension, also designates the agreement whereby one company commissions another to manufacture products according to certain specifications and to affix a trade mark on such products; the said products are delivered to the commissioner who sells them in the market under his own name. The letters ‘OEM’ therefore designate both the manufacturer and the act of commissioning the finished product to a third party.

China’s OEM sector developed rapidly from its roots in the apparel industry to a sector comprising automotive parts, cosmetics, and ICT equipment. As the world’s leading manufacturer, China attracts manufacturing contracts from global customers, including many European SMEs, in almost every industry by capitalising on Chinese OEM’s core strengths—relatively low labour costs, experienced manufacturers, and skilled workers.

Even though China’s IPR laws and regulations have improved in past years, IP infringements are still commonplace in the country and thus protection intellectual of property rights related to the goods is a crucial element of a successful China OEM strategy. Continue reading “IPR Protection in China for the OEM Industry” »

Handling of Trade Secrets in South-East Asia: Focus on Thailand

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fgjTrade secrets are an excellent but often under-exploited means of IP protection for the SMEs. In Today’s blog post we are taking a closer look at trade secret protection in South-East Asia in general as well as in Thailand in particular. You will learn about general trade secret protection requirements and trends in South-East Asia and will get a closer overview of trade secret protection in Thailand in particular. 

Trade secrets are a highly valuable form of intellectual property that nearly all businesses in all industries and sectors possess. However, they are frequently overlooked by businesses, partly because there is confusion about what actually constitutes a trade secret. So what is a trade secret?

According to the World Intellectual Property Organization (WIPO), any confidential business information that is of considerable commercial value to businesses and that provides an enterprise with a competitive edge may be considered a trade secret. In practice, this could be:

  • sales methods
  • distribution methods
  • consumer profiles
  • advertising plans
  • pricing strategies
  • lists of suppliers and clients
  • manufacturing processes

In other words, more often than not trade secrets are the ‘know-how’ that a business builds up over time. Typically, the longer the SME is in business the more valuable its trade secrets will become, and the more its business grows the more its competitors will seek to discover this valuable working knowledge. Therefore, it is increasingly important to take steps to protect trade secrets. Continue reading “Handling of Trade Secrets in South-East Asia: Focus on Thailand” »

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” »

Case Study: Protecting Design and Innovation in China

shutterstock_385731427In today’s blog post we are discussing design protection in China. We have chosen the case of a popular anti-pollution mask company Vogmask to explain the importance of also protecting the appearance of your products when doing business in China.

Innovative technology that is used in consumer products can be protected under invention or design patents in China, but this will not offer 100% protection against others illegally using the innovations in knock-off products, particularly while the patent is still pending. However, when it comes to products with functional technology, consumers are sensitive to quality. It is therefore beneficial to think about other ways to convince potential customers that your goods are the best in the market. Updating designs can serve to compliment technical innovation and keep a product ahead of those trying to emulate or imitate.

Vogmask is a popular anti-pollution mask product available in China, using an innovative microfiber filtration fabric. Christopher Dobbing founded Vogmask China in 2013. Originally an education consultant, he found that most students he worked with mentioned air pollution as a major challenge for China in the next 10 years, and that many of them had breathing illnesses or carried an inhaler with them. While searching for a good quality mask that he could recommend to students, Christopher got in touch with Vogmask USA. Vogmask UK and Vogmask China were founded shortly after. Continue reading “Case Study: Protecting Design and Innovation in China” »

Vietnam: A New Dawn for Vietnam Domain Name Disputes?

shutterstock_167099189Today’s blog post has been kindly drafted for us by South-East Asia IPR SME Helpdesk external IPR expert Mr. Thomas J. Treutler from Tilleke & Gibbins and IPR expert Mr. Loc Xuan Le from T&G Law Firm LLC (TGVN), a licensed law firm and IP agent that partners with Tilleke & Gibbins for local filings in Vietnam. Mr Treutler and Mr. Le discuss the decision by Vietnam Internet Network Information Center to withdraw from the internet domain name registry the domain name www.bmw.com.vn, which had been used by a cyber-squatter. Both experts will also explain the implications of this decision to companies, including European SMEs worried about their internet domain names in Vietnam. This article appeared first in Managing IP Magazine.

April 21, 2017, was an important milestone in the settlement of IP infringement cases relating to “.vn” domain names in Vietnam. This was the day the domain name <www.bmw.com.vn> was withdrawn by the national domain name management agency, the Vietnam Internet Network Information Center (VNNIC), taking control of the domain away from the registrant by “flicking a switch” at the registry. It marked the first time under recently passed legislation that VNNIC had withdrawn a domain name at the request of the intellectual property infringement settlement agency, the Inspectorate of the Ministry of Science and Technology (MOST).

In this case, the BMW Group, owner of the world-famous BMW trademark and many <bmw> domain names, alleged that <www.bmw.com.vn> had been registered, appropriated, and used in bad faith by a cyber-squatter. The domain name had been registered by the infringing party for 12 years and BMW’s earlier attempts to regain the domain name had been unsuccessful.

Continue reading “Vietnam: A New Dawn for Vietnam Domain Name Disputes?” »