Tag Archives: technology

Indonesia: New Notice Allows for Revival of Lapsed Patents

Posted on by
Reply

patent-without backgroundGood news for the European SMEs whose patents in Indonesia have lapsed because of non-payment, it is now possible to revive these patents. Today’s blog post explaining the decision of Indonesia’s Directorate General of Intellectual Property about the revival of lapsed patents has  been kindly drafted for us by our South-East Asia IPR SME Helpdesk external expert Ms. Wongrat Ratanaprayul from Tilleke & Gibbins. 

Indonesia’s Directorate General of Intellectual Property issued a notice on December 28, 2017, addressing the revival of null and void patents. The notice allows patent holders, licensees, and intellectual property consultants to revive patents that have lapsed due to non-payment of annuities.

It is now possible to revive a lapsed patent by completing payment of annuity fees that were not paid on time according to the law. In order to do so, the patent holder must submit a declaration stating that they will not take any legal action against another party for infringement of the revived patent during the lapsed period.

There is no explanation as to whether third parties must immediately cease practicing a previously lapsed patent once it has been revived, or whether the patent owner would have the ability to take legal action against such a third party for ongoing infringement once the patent has been revived.

This notice leaves serious concerns about what happens to third parties who have started lawfully using a patent after it has lapsed. Since no further detail on this notice is available, the business implications for such third parties could be tremendous.

For holders of lapsed patents, however, the ability to recover such rights is a significant opportunity. Patent owners should therefore review their patent portfolios in Indonesia and assess whether to take advantage of this new opportunity to revive lapsed patents. Continue reading “Indonesia: New Notice Allows for Revival of Lapsed Patents” »

IP Protection Strategies in China for Start-ups

Posted on by
Reply

growthIn today’s blog post we are taking a closer look at how start-ups, planning to set up their activities in China or have their products produced in China,  could best protect their IP rights. You will learn more about the importance of patent protection and trade mark protection and why these types of IP are essential for the start-ups.

For small start-ups the prospect of where to even start with an IP strategy can oftentimes be a daunting task as other concerns like building a good team, structuring the company, attracting investment and developing the product tend to take up all the time and attention of the business owners. At the same time, a robust IP Strategy is crucial for business’ success when planning to enter the lucrative market of China. Besides helping the start-ups to protect their innovations from competitors, IP assets can also be a significant pull-factor when attracting investors.

Protect your inventions with patents

Patent protection in extremely important for start-ups as patents protect innovations, limit competition and help to defend against claims of infringement by other companies producing similar products. Furthermore, patents can attract investors, which is fundamental for start-ups. Thus it is important to apply for patent protection in China when planning to enter its market. Continue reading “IP Protection Strategies in China for Start-ups” »

IPR Protection in China for the OEM Industry

Posted on by
Reply

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” »

Intellectual Property Rights in China for SMEs in the ICT Industries

Posted on by
Reply

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” »

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

Posted on by
Reply

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” »