IP TIPS and WATCH-OUTS in Indonesia

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indonesiaIn this blog post, we will provide you with all the basics you need to successfully protect your Intellectual Property Rights in Indonesia. Known for its diverse and rapidly growing market, Indonesia provides opportunities for many European SMEs interested to expand their business into South-East Asia. This blog post will give a concise overview of IP tips and watch-outs for Indonesia – enjoy.

General IP TIPS and WATCH-OUTS in Indonesia

  • Indonesia recognises ‘well–known’ trade marks (recognition of this is made on a case-by-case basis), but only to the extent that they may be used to prevent a third party from registering a similar trade mark, at least in theory. Often, ‘bad-faith’ registrations (intentionally registering someone else’s pre-existing IP) get registered by third parties and the rightful owner has to go through the expensive process of filing proceedings in the commercial court to cancel these bad-faith registrations.
  • When the need arises to enforce rights through the authorities, it is best that IP rights owners be aware of recent media coverage of corruption cases in Indonesia. The fact that corruption cases have been surfaced demonstrates the government’s efforts at cleaning up corruption cases; however it is still worth discussing a potential corruption risk with your attorney when enforcing your rights via the authorities.
  • Because IP rights enforcement in Indonesia can still be problematic, it is essential to register your rights there in order to stand a chance of defending them. Intellectual Property Rights are territorial in nature, which means that registrations in one country’s jurisdiction are not automatically enforceable in others, and therefore registrations in multiple countries may be necessary, particularly for businesses looking to internationalise. Indonesia operates under a ‘first-to file’ system, meaning that the first person to file an IP right in the Indonesian jurisdiction will own that right once the application is granted.

Continue reading “IP TIPS and WATCH-OUTS in Indonesia” »

IP Protection in Thailand for the Tourism Industry

shutterstock_85716494As the summer is fast approaching, many European companies engaged in tourism industry are looking for opportunities to expand their business into South-East Asian countries. Thailand, for example, offers many promising business opportunities for the European SMEs in tourism industry as tourism is one of the fastest growing industries in there. However, European SMEs should not let the summer’s heat take their focus away from IP protection when planning their move to Thailand, because IPR infringements are still commonplace in Thailand. Today’s blog post, thus, discusses IP Protection in Thailand, focusing particularly on the tourism industry.

Tourism industry in Thailand continues to offer many lucrative opportunities to European SMEs as Thailand remains one of the most popular tourist destinations in the Asia Pacific region due to its white sandy beaches, abundant tropical nature, inexpensive accommodation and well-developed transport and communication infrastructure. Underpinned by government’s and private sector stakeholders’ recent efforts to market Thailand around the globe, the industry has grown to become one of the country’s most productive and sustainable industries, contributing a total of EUR 69bn towards the economy in 2014, making up more than 19% of the GDP of Thailand.[1]

SMEs engaged in tourism need to pay special attention to protecting their intellectual property (IP) rights, because despite recent improvements in Thailand’s IP legal framework, IP infringements are still relatively common in the country. IP rights are a key factor for business success and neglecting to register them in Thailand could easily end SMEs’ business endeavor in the country. Thus, a robust IPR strategy is needed, when entering the lucrative market of Thailand.  Continue reading “IP Protection in Thailand for the Tourism Industry” »

Drug Innovation through Better Enforcement: IPR Protection in the Pharmaceutical Industry in China

singapore-desig_20936179_291437f5e9d7dd7c8ce0b4b67e7eddf6629f8e0d (1)Underpinned by the governmental support, the pharmaceutical industry is booming in China, offering some promising business opportunities for the European SMEs. However, despite the improvements in Chinese IP laws and regulations, IP infringements are still commonplace in China. Thus, European SMEs wishing to do business in the pharmaceutical sector in  China need to pay attention to IP issues. Today’s blog post discusses IP protection measures in the Pharmaceutical industry, focusing especially on patents and trade secrets as the main IP protection measures in the Pharmaceutical Industry. 

IP Protection in the Pharmaceutical Industry

China is one of the largest pharmaceutical markets in the world. Its development is high on the government’s reform agenda, as they seek to provide stimulus and intensify research and development (R&D) activity. This, coupled with enhanced health awareness among a rapidly growing patient pool, makes the country an increasingly attractive market for foreign business. The China IPR SME Helpdesk explains the current intellectual property regime in China, and says that better enforcement will create a more secure environment that can attract more R&D and stimulate higher levels of innovation in China’s pharmaceutical industry.

The level of intellectual property (IP) enforcement in China has constrained pharmaceutical companies’ efforts in carrying out R&D activities in the country. However, China’s Patent Law is soon due to be revised, and is expected to foster greater innovation and slow the proliferation of counterfeit drugs. A growing number of companies have become increasingly attracted to having an R&D center in China, as a local presence provides generally lower cost base and favorable tax rates.

Patents

China’s Patent Law protects technological innovations for active pharmaceutical ingredients, drug combinations, pharmaceutical formulations, preparation processes of pharmaceutical products, new medical indications of a known drug and medical devices, among others. Most pharmaceutical innovations are protected by invention patents which provide 20 years’ protection. Continue reading “Drug Innovation through Better Enforcement: IPR Protection in the Pharmaceutical Industry in China” »

Trade Marks in China: Q&A for the International Comparative Legal Guide to Trade Marks 2017

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For any EU SME operating in China, Trade Marks will be an important IP asset to have. So in order to meet any questions you might have, our China IPR SME Helpdesk expert Mr. Charles Feng from East & Concord Partners based in Beijing has kindly drafted for us a very useful and informative blog post on Trade Mark Protection in China. In this comprehensive Trade Mark guide, our Q&A with Mr. Feng will give you all the answers you need on Trade Mark protection in China. 

1          Relevant Authorities and Legislation

1.1       What is the relevant trade mark authority in your jurisdiction?

The Trademark Office (“TMO”), which is affiliated with the State Administration for Industry and Commerce, is the authorised government agency in charge of trademark administration including examinations of trademark applications, oppositions as well as the cancellation of trademark registrations for three years of non-use.  The Trademark Review and Adjudication Board (“TRAB”) oversees the examination of various applications for appeals against the TMO’s decisions, as well as trademark invalidation matters.

In addition, local Administrations for Industry and Commerce (“AICs”) or Market Supervision Administrations (“MSAs”) are in charge of the administrative enforcement of trademark rights.

People’s Courts have jurisdiction over trials for trademark-related administrative or civil litigation.

1.2       What is the relevant trade mark legislation in your jurisdiction?

The most fundamental legislations include the Trademark Law of the People’s Republic of China (“PRC Trademark Law”), the Implementing Regulations of the PRC Trademark Law as well as multiple Judicial Interpretations related to trademark law which are issued by the Supreme People’s Court.

In addition, the Anti-Unfair Competition Law of PRC provides protection to unregistered marks such as distinctive names, packaging or decoration of famous goods.  The criminal code provides protection against counterfeiting activities where the illegal turnover exceeds a certain amount.

Continue reading “Trade Marks in China: Q&A for the International Comparative Legal Guide to Trade Marks 2017” »

Trade Fairs: Tips for Better Protection of IP Rights

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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