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How To Protect Your IP In China

International IP lawyer

Danny Friedmann of IP Dragon has a great post up at the Duncan Bucknell International IP blog. The post is entitled, How to prevent and act upon intellectual property rights infringements in China and it very nicely sets out exactly how to accomplish that.

Friedmann states that intellectual property infringement is prevalent in China “and a challenge for every company in every industry” but those companies that “take adequate precautionary measures,” “anticipate infringements,” and “aggressively enforce their rights … can substantially minimize their risks and damages.” Danny is absolutely right.

Friedmann advocates the following:

1. “Be prepared.”

2. “Do your homework.” Know the people with whom you are doing business. Get them to sign a “confidentiality agreement [non disclosure agreement, or NDA] beforeyou hand over any sensitive business information.” Make sure your contract is clear on who owns what IP rights. “If a potential business partner refuses to sign the contract, find another business partner.”

3. “No registration equals no right.” With the exception of copyrights, if you do not register your IP in China, you almost certainly have no IP protection.

4. “To trust is nice, to control better.” Know what is going on with your IP in China at all times and use “several anti-counterfeit technologies.”

5. “Be ready to enforce.” The post then describes the various enforcement options, including administrative, civil and criminal, and where to go for additional information.

A must read for anyone interested in protecting their IP in or from China.

2 responses to “How To Protect Your IP In China”

  1. Strangely enough, I had all the usual IP protection problems that businesses setting up in China worry about in my mind when I read this article by Shirley Clarkson, mother of Jeremy Clarkson, the BBC Top Gear presenter. She went into business producing Paddington bear toys back in the early seventies and faced problems which seem equal and perhaps somewhat greater than those most China manufacturers face, well worth a read:
    http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/books/book_extracts/article4085828.ece

  2. Very good post. Nearly covers all possible IP protection solutions in China.
    Yes, civil suit is very time-consuming and costly. But there are still some big companies loving this way. Why? Maybe well known status of the trade mark is the key. There is a very interesting trend in IP protection field in China. Lots of big companies especially those foreign companies file lawsuits before the court and what they really want from the suit is the well kown status of their marks recognized by the court.

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