Tag Archives: Registration

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

Quote

Posted on by
Reply

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?” »

Back to the Basics Series: Patent Protection in China – Know Before You Go

Posted on by
Reply

patent-without backgroundAs many of us are returning from the well-deserved vacation, it is time to refresh our memories about the basics of IP protection in China. Today’s  blog post will take us back to the basics and discuss patent protection in China.  

It is a given that patent protection has to be requested before a respective product is introduced to the national market. However, it is less often considered how a product may appeal in other world markets, and that these may not extend automatic protection for an invention registered back home. In particular, a European registered patent has no legal effect in China.

This is of particular importance as an invention may be later mass-produced in China without even being sold there, though face equal exposure to infringement. Furthermore, patents are granted to the ‘first-to-file’ rather than the ‘first-to-use’, meaning timely patent protection in China for each and every innovation is absolutely crucial. Continue reading “Back to the Basics Series: Patent Protection in China – Know Before You Go” »

Protecting your IP whilst Transferring Technology to South-East Asia

Posted on by
Reply

xiandaishangwu2_221In today’s blog post, the Helpdesk team will provide you some valuable tips on how to safely transfer your technology to South-East Asian countries.

In recent years, European SMEs have started to look to the Association of South-East Asian Nations (ASEAN) to be a key player in the investment and development of several different types of technologies across a multitude of industries. Relatively low labor costs, high skill levels and diversity in the level of development across the region, enabling South-East Asia to attract a range of technologies, are making the region so attractive for the European SMEs.

Whilst accessing the lucrative South-East Asian markets, the European SMEs are often willing to ‘transfer’ some of their technologies and designs to local subsidiaries of European firms, joint-venture partners, or local manufacturing and service companies. One of the challenges facing European companies coming to South-East Asia is devising creative solutions to minimize the risk to their intellectual property associated with technology transfers. A technology transfer can happen in a number of different ways. European companies most commonly transfer their technology by licensing their patents, designs, software, trade secrets, and know-how.  A common misconception is that a technology transfer is limited to transfers of high technology. However, many European companies using contract manufacturing to manufacture low technology, consumer, or industrial products, such as those based on product designs, must deal with the same risks to their IP as their high technology counterparts. Continue reading “Protecting your IP whilst Transferring Technology to South-East Asia” »

Taking Action Against Trademark Infringement in Indonesia

Posted on by
Reply

shutterstock_81193486-520x345Today’s blog post has been kindly drafted for us by our IPR SME Helpdesk expert Mr. Somboon  Earterasarun from Tilleke & Gibbins. Mr Earterasarun gives an excellent overview on how to fight against trade mark infringements in Indonesia. 

Indonesia uses a “first-to-file” system, under which trademark owners must register their trademarks before they are able to take action against infringers for trademark infringement. The earlier your trademarks are registered and the wider their scope of protection, the better chance you have to exercise your rights and protect your intellectual property (IP).

As a trademark owner facing infringement of your IP rights in Indonesia, there are a number of important considerations to be aware of, and you have various means of recourse available to you. Continue reading “Taking Action Against Trademark Infringement in Indonesia” »

Protection of IPR in the Automotive Industry in China

Quote

Posted on by
Reply

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” »