Tag Archives: SME

Intellectual Property Rights Protection for EU SMEs related to Smart City Solutions

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Lily Pictures - v01Smart City Solutions have become the hot topic throughout South-East Asia and the European SMEs engaged in the industries connected to Smart City Solutions are expected to find many promising business opportunities in the region. In today’s blog post we are taking a closer look at the IP protection related to Smart City Solutions in Vietnam. You will learn about whether to protect your inventions with patents or whether you should rely on trade secrets.  

With the rapid development of Vietnam’s cities has come a growing urban integration of information systems. This enhances the city’s efficiency as well as the quality of life of its citizens for many crucial metropolitan features such as mobility, healthcare, waste management, energy, or water-access[1]. Online interconnected systems and a reliance on Information and Communication Technologies (ICT) features play a key role in these advancements[2]. The province of Binh Duong, for instance, has started cooperating with the Vietnam Post and Telecommunications Group to develop the necessary ICT infrastructure with local government agencies.

The importance of intellectual property rights (IPR) protection in such context then becomes apparent. By combining a growing demand for high-tech solutions to tackle urban challenges with a tech-savvy population, Vietnam’s cities provide plenty of opportunities for European SMEs to expand their businesses. Yet European SMEs dealing with smart solutions should be mindful of possible IPR risks at hand. They often provide highly innovative niche solutions, but for many urban problems, a solution can only be made successful through a combination of interdependent technologies. In effect, European SMEs may need to expose their innovations to third parties on a regular basis, thus increasing the risks of IP infringement if proper measures are not taken in advance, says Valentina Salmoiraghi, IP Business Advisor. Continue reading “Intellectual Property Rights Protection for EU SMEs related to Smart City Solutions” »

Vietnam: A New Dawn for Vietnam Domain Name Disputes?

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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?” »

How to use the Patent Cooperation Treaty: Focusing on South-East Asia

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patent-without backgroundIn today’s blog post we are taking a closer look at how to use the Patent Cooperation Treaty (PCT) when applying for patents in multiple South-East Asian Countries. You will learn what are the benefits of the PCT and what is requested in the international as well as national phases of application. 

What is the PCT?

The Patent Cooperation Treaty (PCT) is a multilateral treaty that was established in Washington in 1970 and is administered by the World Intellectual Property Organisation (WIPO). The treaty makes it possible to obtain simultaneous patent protection for an invention in each PCT Contracting State by filing an international patent application. An application may be filed by a national citizen or a resident of a PCT Contracting State. All European countries, as well as China, are contracting parties to the PCT and in South-East Asia, all nations except for Cambodia and Myanmar are contracting parties.

Filing an international PCT application automatically includes all countries bound by the PCT. The application has the same effect in each country as if a national patent application had been filed with the national patent office. Therefore if an SME wishes to enter into several different South-East Asian markets, it would be time –efficient to file an international PCT application rather than preparing several different applications for individual countries. Continue reading “How to use the Patent Cooperation Treaty: Focusing on South-East Asia” »

IPR Protection in China’s Textile Industry

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sweatshirts-428607_1920Two weeks ago we were discussing IP protection in South-East Asia’s textile industry, in today’s blog post we are taking a closer look at the IP protection in China’s textile industry, which is still offering many promising business opportunities to European Businesses. The blog post will offer advice to textile producers, to the producers of yarns and fabrics as well as to the producers of textile machinery. In this blog post you can get further information on trade mark, patent, copyright and trade secret protection. 

China’s textile industry is both an opportunity and threat to European businesses. It is a major market for those supplying production technologies and a key supply base for textiles and finished goods. However, foreign technologies and brands that are not adequately protected often fall victim to infringement by Chinese competitors. This article addresses IP issues across subsectors of the textile industry, including textile machinery, yarns and specialty fabrics, finished fabrics and brand apparel & accessories. The areas of IP most relevant to the above sectors will be discussed, as well as smaller IP issues specifically affecting makers of brand apparel & accessories.

Trade Marks Protect Your Brand

Trade marks provide protection against use of identical or similar marks on similar goods. China uses the ‘first-to-file’ system, meaning that companies may lose legal protection in China and take the risk of infringing others’ trademark if the same or similar mark has already been registered in China by someone else. It currently takes two-three years from application to registration of a trademark in China, providing no opposition is filed against the application upon publication.

Because China uses the ‘first-to-file’ system, it is common for unscrupulous parties to register other’s trade marks first. It can be a difficult and expensive process to cancel, oppose or buy back a trademark that has already been registered. It is not uncommon that import agents or distributors register trade marks on behalf of the principal. It is recommended that the trademark is either registered in the name of the principal or transferred back to the principal to avoid later disputes. In addition to registering the trademark in the original language, it is advisable to register a distinctive Chinese language trademark, even if this is not the primary mark used. Without a well-promoted Chinese mark, the market may create a Chinese nickname for a product, and this nickname may be registered by unscrupulous parties to exploit the reputation of your brand. Continue reading “IPR Protection in China’s Textile Industry” »

IP Protection in the Food & Beverages Industry in Thailand

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shutterstock_173260598In today’s blog post we are taking a closer look to IP protection in Thai food and beverage industry, which is growing fast and attracting more and more European SMEs. You’ll learn more about brand protection in Thailand and how to protect your unique product packaging. The article will also discuss trade secrets and geographical indications. 

Thailand’s rapidly growing food & beverage industry is one of the biggest contributors to nation’s economy, contributing about 23% of the country’s GDP. Known as the ‘food basket of Asia’, Thailand is one of the Asia’s largest producers and exporters of food, with food exports amounting to 23.5 billion EUR in 2015.[1] Given Thai government’s commitment to positioning the country as a global food innovation hub, Thailand’s F&B industry has recently become very attractive for European SMEs.

Propelled by increasing dispensable income, Thailand’s domestic food and beverages market looks promising for the European SMEs. The country’s rapidly growing urban middle class constitutes a consumer base that is increasingly health-conscious, pays attention to the nutrition value of the food, but at the same time is increasingly eager to purchase processed and packaged foods and, especially the urban youth, is willing to try out new flavors and exotic F&B products. The busy lifestyle of urban youth is favoring ready-to-eat meals, snack foods and convenience products.

As the spending power of the upper-middle class is increasing, there is also greater demand for imported premium products, which offers many business opportunities for the European SMEs.

At the same time, together with rapid economic growth, counterfeiting in food products has also increased dramatically in recent years. Thus, the EU SMEs should take steps to ensure that their IP rights are protected, when selling their food products to Thailand, especially as neglecting to register IP rights in Thailand could easily end SMEs’ business endeavor in the country. Continue reading “IP Protection in the Food & Beverages Industry in Thailand” »