Tag Archives: Rights

Trade Fairs: Tips for Better Protection of IP Rights

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Trade fairs in China and South-East Asia are a good opportunity for European SMEs to introduce their product to a new market and to find potential partners, distributors and suppliers. However, there are many IP-related risks such as revealing IP assets to potential counterfeiters, when SMEs are attending trade fairs. Thus, SMEs should take specific steps such as registering their IP when going to trade fairs in order to protect their assets. In today’s blog post we have chosen to share with you an infographic explaining to European SMEs what steps they can take before, during and after trade fairs to protect their valuable IP.  

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Infographic: IPR Protection Strategies in China for the Food Safety Industry

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Chinese consumers are becoming increasing health-conscious and start to pay more attention to food safety issues. This creates many lucrative opportunities for the European SMEs as the demand for high-quality European food safety technology is rising in China. However, SMEs should pay attention to protecting their IP rights when entering to the promising market of China because counterfeiting and other IP infringements still persist in the country. For today’s blog post we have chosen to share with you an infographic that will provide you with a basic and easy to read  overview of IP protection in the food safety industry in China. 

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Patent Protection in Brunei Darussalam

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PatentsA few weeks ago we discussed copyright protection in Brunei Darussalam. This week we are taking a look at patent protection in one of the ASEAN smallest nations. You will learn how to apply for a patent in Brunei Darussalam, what protection is available for your rights and how you can enforce your rights in case of an infringement.  

Background for EU SMEs

Brunei Darussalam is one of the 10 countries of the Association of South-East Asian Nations (ASEAN).  Despite being one of the smallest ASEAN countries, it is also one of the wealthiest nations in the South-East Asian region. Brunei Darussalam has an annual GDP of EUR 10.6 billion[1] and most of its revenue comes from the exports of crude oil and natural gas.

The European Union is Brunei Darussalam’s 5th largest trading partner. The EU’s Key exports to Brunei Darussalam include pearls, precious metals, transport equipment and machinery and appliances. The EU’s key imports from Brunei Darussalam include machinery and appliances, optical and photographic instruments, pearls and precious metals.

Brunei Darussalam’s legal system is based on English Common Law and since the year 2000, Brunei Darussalam has passed various legislations on trade marks, industrial designs, copyright and patents. Brunei Darussalam’s IP legal system is in compliance with international standards, complying with international agreements and treaties administered by the World Intellectual Property Organisation (WIPO). It is a member of a number of conventions including the Paris Convention, the Berne Convention, the Patent Cooperation Treaty (PCT) and the Hague Agreement Concerning the International Registration of Industrial Designs. Brunei Darussalam is also a signatory of the TRIPS agreement. Continue reading “Patent Protection in Brunei Darussalam” »

Explaining the New Regulations of Foreign Contractor Withholding Tax on Trade Marks in Vietnam

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shutterstock_81193486-520x345In today’s blog post we asked our IP expert Mr. Son Doan to clarify the provisions of the Official Letter on taxing the transfer of the right to use trade marks, issued by the Ministry of  Finance of Vietnam. 

On 7 November 2016 the Ministry of Finance of Vietnam issued the Official Letter 15888/BCT-CST to provide detailed guidance on foreign contractor withholding tax (FCWT) applicable to income of foreign contractors from transfer of right to use a trade mark. According to the Official Letter:

  • Pursuant to the Law on Intellectual Property, when a Vietnamese party uses a trade mark and makes payments to a foreign party for the transfer of use right, this should be considered as transfer of the right to use a trade marks in accordance with the Law on Intellectual Property, distinguishable from the assignment intellectual property rights.
  • As a result the income of foreign contractors from transfer of the rights to use a trade mark should be subject to FCWT with applicable tax rates as follows:
    • CIT rate on taxable revenue is 10%
    • VAT rate is 10% (if foreign contractor declare VAT under the credit method) or 5% (if foreign contractors declare VAT under the deemed method).

This means that if a foreign owner fully transfers the ownership of a trade mark to a Vietnamese party, there will be no taxes applied. However, if the foreign company merely grants the right to use the brand to the local Vietnamese businesses, then Vietnam tax authorities will collect the CIT and also the VAT.  Continue reading “Explaining the New Regulations of Foreign Contractor Withholding Tax on Trade Marks in Vietnam” »

IPR Protection in China for the Medical Device Industry: Case Study

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pharma-sectorIn today’s blog post we will take a look at a case study from the medical device industry in order to explore how important it is to register and obtain IP rights in China before starting to do business in or with China. The case study will also show that persistent IP enforcement is one of the key factors to IP protection and business success in China. 

Background of the Case

A European company in the dental instruments sector was selling their product in China through a Chinese distributor. They discovered a competitor in China was offering a similar, but lower-specification product, using an identical exterior design, colour scheme, and control interface. The technical manual, diagrams and parts of their brochure appeared in part to be directly copied from the original. Overall, the competitor’s product gave the appearance of being similar in function to that of the European company, although its performance level and price were much lower. Continue reading “IPR Protection in China for the Medical Device Industry: Case Study” »