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Protecting your online IPR in China

China has a population of over 1.3 billion people and as of June 2020, 940 million ‘netizens’ – people actively involved in online communities. With Alibaba Group and JD leading the way, e-commerce is now well developed in China. According to the World Economic Forum, from January to November 2020 it accounted for 25% of the total retail sales of social consumer goods. Furthermore, more than 40% of the...Read more
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  • Innovative and creative industry, intellectual property

European Commission adopts Action Plan on Intellectual Property

The European Commission has published a new Action Plan on Intellectual Property to help companies, especially small and medium-sized companies (SMEs), make the most of their inventions and creations. Intellectual property (IP) is a key driver for economic growth as it helps companies to valorise their intangible assets. The Action Plan aims to enable the European creative and innovative industry to remain...Read more
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Patent protection in China: know before you go

It is a given that patent protection has to be requested before a respective product is introduced to a domestic national market. However, it is less often considered how a product may appeal in other world markets, and that these may not extend automatic protection for an invention registered back home. In particular, a European registered patent has no legal effect in China. This is of particular...Read more
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IPR protection in China for the medical device industry - a case study

A European company in the dental instruments sector was selling their product in China through a Chinese distributor. The company 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 the Chinese firm's brochure appeared in part to be directly copied from...Read more
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Registering Top Level Domain names in China

Internet usage is truly booming in China, with more than 701 million ‘netizens’ (as of December 2016), China connects more people to the Internet than any other country. In fact, every fourth person on the Internet is from China. Facilitated by the increasing availability of broadband technology and the growing trend towards online shopping and purchasing, the Internet is an attractive business and...Read more
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Bad Faith Trade Mark Registrations in China and How to Deal with It

Prior trade mark registrations, also called ‘bad-faith registrations’, are a significant problem that many European companies encounter in China. This process commonly involves a Chinese company first registering the trade mark of a foreign company in China with the express intention of selling it back to the foreign company at an inflated price. Finding out that a Chinese company has registered a bad...Read more
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Dealing with Partners and Employees: Writing a Good Manufacturing Non-disclosure Agreement in China

In this article, we will discuss protecting IP when seeking Chinese manufacturers and will address what it takes to design an NNN (non-use, non-disclosure, and non-circumvention agreements) which can pose enough of a credible threat to dissuade contract violations. Defining protected information: keeping everyone on the same page NNN agreements should clearly define which rights are being disclosed or...Read more
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Back to the Basics Series: The realities of doing business in China – Copyrights and Trade Marks

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...Read more
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Managing Intellectual Property as a Financial Business Asset in China

For most businesses, intangible assets represent more than 50% of the value of the enterprise. The most significant group of intangible assets are those protected by intellectual property such as inventions, designs and brands. Since they form such a large part of the overall value, their management as financial assets is important to the success of the business. Businesses that actively manage their IP as...Read more
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The China IPR SME Helpdesk: Free IP information and support service for EU SMEs

The principle issues surrounding IPR development, protection and enforcement are essential to all aspects of your business. Your IPR strategy should be considered one of the main pillars of your business. A strong IPR strategy and proactive preparation not only helps to prevent IPR-related issues, but may also result in increased revenue as well as more effective and quick enforcement in the case of an...Read more
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