IP Considerations in the Medical Device & Healthcare Industry in South-East Asia

the-device-1822457_1920In today’s blog post we are discussing how to best protect your IP in the medical device and healthcare sector in South-East Asia. You will learn more about patent protection, design protection and trade mark protection in this industry. Since medical device and healthcare industry is very R&D intensive, we are also discussing how to protect your IP while conducting R&D activities in South-East Asia.  

Rapid demographic changes and health reforms within South-East Asia are expected to create enormous demands in the health care market in the near future. Growth in average annual healthcare expenditure between 2014-18 is expected to be around 11% of GDP in ASEAN – but with highly varied rates among the countries: Vietnam with the highest at 6.6% and Myanmar with the lowest at 1.8%.[1] At the same time, amongst many South-East Asia countries, local pharmaceuticals are not well trusted, making way for foreign players with strong brands to establish significant market share in South-East Asia. This offers many promising business opportunities for the European SMEs engaged in medical device and healthcare industries, as European brands with high and positive brand recognition are expected to be favored by local governments and clinicians over their lesser-known competitors.

The healthcare industry in South-East Asia also serves a rapidly growing medical tourism industry which is expanding globally at a rate of about 25% and it is claimed that nearly a third of all medical tourists in the world receive medical attention in South-East Asia[2]. Furthermore, many South-East Asian countries like Thailand and Singapore aspire to become the medical and healthcare hubs in the region, offering various opportunities for the European SMEs.

Even though, IP laws and regulations have improved a lot in South-East Asia over the past five years, counterfeiting and other IP violations are still commonplace in the region. EU SMEs would therefore benefit from understanding the different intellectual property rights that are relevant to the medical device & healthcare industry and determine the effective way to protect their IP rights in South-East Asia. Continue reading “IP Considerations in the Medical Device & Healthcare Industry in South-East Asia” »

Trade Fairs in China: Steps to Protect You IPR

Page 1. 1.Protecting your IP at Trade FairsIn today’s blog post we are taking a closer look on how European SMEs can protect their intellectual property when they attend trade fairs in China. You’ll learn how to prepare for a trade fair, what to do and pay attention to during the trade fair and, of course, what to do in a case that someone is violating your IPR rights.

Trade fairs are an excellent opportunity for a business to showcase their new products and scout out business partners for manufacturing, promotion, and distribution. Unfortunately, in China these exhibitions are a common prowling ground for infringers, so it is of utmost importance to ensure all intellectual property precautions are undertaken. It is not sufficient to merely gain intellectual property rights for a company’s assets – steps should be taken before, during and after a trade fair to ensure maximum protection. This article takes a look at some of the steps foreign businesses should take.

Before the trade fair: fail to prepare, prepare to fail

Determine your strategy in advance of the trade fair. Do you want to take enforcement action at the fair, or only use the fair as an opportunity to gather evidence? If you are not certain about securing all necessary evidence and paperwork to carry out an action at the fair, gathering evidence there first may be a better strategy.

Prepare the required documents – some may need to be notarised and legalised which can take up to two months. The required documents include: Continue reading “Trade Fairs in China: Steps to Protect You IPR” »

How to Remove Counterfeit Goods from E-Commerce Sites in South-East Asia

2. Credit CardE-commerce has also been growing in South-East Asia and it’s attracting many European Companies. Together with the growth of e-commerce, the presence of counterfeit goods on these e-commerce sites has also been growing. In today’s blog post we are discussing how to remove counterfeits from the major e-commerce sites like Lazada in South-East Asia. 

A growing middle class coupled with increasing internet access has led to fast-paced e-commerce growth in South-East Asia in the past decades. The middle-class population of ASEAN, according to expert estimates, may grow from 190 million in 2012 to 400 million in 2020[1] . Additionally, there are approximately 200 million people in South-East Asia with access to the internet and this number is expected to grow three-fold by 2025. E-commerce in South-East Asia can thus offer many promising business opportunities for the European SMEs.

Besides being a forum for legitimate vendors and original products, the internet is also used by unscrupulous businesses as a platform for the distribution of counterfeit goods which infringe intellectual property rights of others. The explosive growth in access to the internet has resulted in counterfeiters to move their illegal activities online. Online e-commerce websites might become easy and anonymous options for counterfeiters to reach out to potential customers as well as popular social media platforms. A recent study reported that 20% of 750,000 posts on the popular social media platform Instagram alone in relation to well-known fashion brands involved the offer of counterfeit products for sales, with many of the vendors identified to be based in China, Malaysia and Indonesia among others[2]. Continue reading “How to Remove Counterfeit Goods from E-Commerce Sites in South-East Asia” »

The realities of doing business in China – Copyrights and Trade Marks

dreamstime_m_24720610In today’s blog post we are taking a closer look at copyrights and trade mark rights in China. You’ll learn how to protect these right in China and how to create a comprehensive trade mark and copyright protection strategy before entering China’s market.

China’s intellectual property rights (IPR) system has come a long way in the past 30 years, and development continues – a revision of the trade mark law came into force in May, paving the way for more thorough protection for rights holders. Although China is now coming into line with international IPR standards, there are still many ways in which the system differs from the European one. Below, the China IPR SME Helpdesk takes a look at two major types of intellectual property rights, trade marks and copyright, and considers how these differ from European standards.

Copyrights

The Chinese system for copyrights is very similar to that used in Europe. Copyrights last for 50 years from the date of creation, or the lifetime of the author plus 50 years, and it protects a range of creations, such as artistic works, books, websites, or computer software. As in Ireland, copyrights are automatically protected as long as the creator can be clearly identified; however, unlike most countries in Europe, China also offers copyright registration for owners, a process handled through the Copyright Protection Centre of China (CPCC). Continue reading “The realities of doing business in China – Copyrights and Trade Marks” »

Chinese Court Issues First GUI Case Decision

17471462035_4b3ff87149_kToday’s blog post has been kindly shared with us by Ferrante Intellectual Property. The article discusses a recent Beijing IP Court case on the Graphical User Interface infringement. In it’s first ruling of the kind, the the IP Court has decided that the GUI cannot be protected separately from the type of the device it is applied to under the design patent protection. 

The Beijing IP Court issued a decision on the very first Graphical User Interface (GUI) infringement case in China. The lawsuit was lodged by Qihu 360 Inc. (Qihu) against Beijing Jiangmin Technology Co., Ltd (Jiangmin). Qihu claimed that the externalizing interface of Jiangmin’s software was identical to Qihu’s GUI design of “Computer with GUI” and that Jiangmin’s behaviour constituted patent infringement. In its decision, the Beijing IP Court dismisses Qihu’s claim and found that in determining the protection scope of a GUI design patent, the GUI design and that of the product using GUI shall be both considered. Hence, it held that the protection scope of Qihu’s GUI design patent shall be limited to the product of computer. Since Jiangmin’s software does not belong to the same or similar category of computer, Jiangmin’s behavior of providing the software does not constitute patent infringement. In this specific case, the users downloaded the software on their computers, which according to the Court does not constitute patent infringement. Even considering Jiangmin’s software as an “intermedium”, Jiangmin’s behavior of providing the software does not constitute indirect patent infringement. The decision gave rise to many debates, with experts arguing that existing patent law and regulations fail to properly protect GUI design. Continue reading “Chinese Court Issues First GUI Case Decision” »