China’s IP myths and how to keep control of your trademarks
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David Brophy · FRKelly Patent & Trademark Attorneys China’s IP myths and how to keep control of your trademarks
description
An overview of intellectual property in China, dispelling myths and advising you on how to keep control of your trademarks.
Transcript of China’s IP myths and how to keep control of your trademarks
David Brophy · FRKelly Patent & Trademark Attorneys
China’s IP mythsand how to keep control of your
trademarks
IP Myths
China doesn’t
recognise IP
“”
IP Myths
There’sno legal
frameworkin place
“”
... In fact, there’s no shortage of Chineselaws on IP
China’s IP laws are wide-reaching, modern
and compare well with
those of most
Western countries
The skeptic’s response?
“There’s no point in China granting all these IP rights if it won’t enforce them”
So let’s look at those myths too ...
More IP Myths
The courtswon‘t stopinfringers“
”
More IP Myths
Foreigncompaniesalwayslose
“”
More IP cases per year ...
... than any other country
This would not have evolved ...
... if IP owners always lost
IP owners win >55% of the time
Foreign companies in IP cases ...
... more likely to win than Chinese
But before we get carried
away ...
So there’s nothing to worry
about,
right?
Some foreign companies do lose control of their IP in China
Mostly because
they didn’t obtain
Chinese IP
protection
To avoid IP being taken,
you first have to own
Chinese IP
First to register TM owns it
as regards ChinaIt may have been your TM originally, but if someone else registers it in China,it’s theirs (and is
hard to win back from them)
TM “squatting” is common
Usually a polite letter:“Hey. I see you own the TM xxx. Well, someone has filed for a Chinese registration. I can help. Will I seeif they’re willing to sell?”
Customs can block infringing goods from
leaving ChinaYes, they can block that container full of machine parts you’re waiting on. That youpaid for. Branded with “your” TM. But which infringes a registration someone else owns.
• Get your application in first
• File for English version of TM
• And for Mandarin version(s)if selling in China
IP Truths
The systemis fair – ifyou know howto use it(foreign companies often don’t)
IP Truths
Foreign companiesdon’t registertheir TMs early enough
IP Truths
TM “owners”can stop goods exiting China
IP Truths
You can avoid major TMheadaches by
filing early in China
In the words of a Chinese
businessman, unapologetic
about copying products which
didn’t enjoy Chinese patent
& TM registrations ...
“Respect your own IP before
asking us to respect
your IP”
