Helpdesk Publications PDF Print E-mail

The following Helpdesk Publications provide a range of expert-written guides, factsheets and presentations that assist SMEs in understanding the IPR landscape in China.

IP Factsheets

Whether your business is already operating in Greater China or you are exploring the potential offered by the region, the Helpdesk IP Factsheets provide you with an overview of key IP considerations for Mainland China, Hong Kong, Macao and Taiwan.

General IPR

  • Design patent guide new
    An unregistered design in China is at risk of having no protection, however a design patent provides the holder with exclusive use of that design for a period of 10 years. This guide offers a comprehensive overview of design patents and a further step-by-step guide on how to register and enforce it.

  • How to Find an Intellectual Property Agent new
    This edition of the China IPR SME Helpdesk ‘How to’ guide series give you practical, step-by step information on the necessity of working with an IP agent in China, shows you how to use the CTMO database and gives you advice on how to find a suitable agent for your needs.

  • How to Search for Basic Chinese Company Information to Protect Your IP
    When establishing business operations in China, finding local business partners and customers can be a major task. As well as the challenge of reaching out to a new business community, how can you have confidence in the honesty of your potential partners? How can you check that the company really has the scope and capabilities claimed? If you find out that your intellectual property in China has been infringed how can you start to research the infringer? This How-to guide will give you practical guidance on these issues.

  • Guide to Geographic Indications in China
    Champagne’ sounds better tasting than ’sparkling wine’, doesn’t it? What about ’Bordeaux wine’, ’Parma ham’ and ’Roquefort cheese’? You can practically taste them, right? Such specific origins that create an association with a product’s quality, reputation or other characteristics are called Geographical Indications(GIs). The market for imported foods in China is large and growing. If you intend to export products that come from a specific geographical region to China, obtaining a GI registration can provide the necessary proof of the product’s origin and can increase trust from domestic consumers. This guide will take you through the necessary steps in registering your GI.

  • How to Record Trade Marks with Customs in China
    Unlike European customs authorities which only focus on imported goods, the General Administration of Customs in China (GACC) also examines goods leaving China and has the authority to protect intellectual property rights (IPR) by seizing infringing goods. This document is a step by step guide on how to register your IP online using the GACC platform.

  • How to Establish an EU-China Joint Research Structure
    This brochure presents the main practical steps to set up a Joint Research Structure within the Chinese legal framework, highlighting key issues to pay attention to before establishing such a structure.

  • Enforcement of Intellectual Property Rights in China
    The intellectual property rights (IPR) available in China are very similar to those available in Europe. Assuming you have registered your IP and found it being infringed then you will want to enforce it. How will you find it being infringed? Your customers might tell you about competing products, you might find infringements for sale on the internet, you might see infringing products at a trade fair.
    This guide gives you an overview of what steps you should take once you have gathered sufficient information and decided to take action and enforce your IPR rights in China.

  • How to Remove Counterfeit Goods from E-Commerce Sites in China
    The internet has become a popular and easy channel for product distribution around the world. It has created a marketplace of more than a billion users in China. Apart from being a forum for legitimate vendors and original products, the internet is also used by illegal and unscrupulous businesses as a platform for the distribution of counterfeit goods. This guide provides you with information on the regulations governing e-commerce and a practical introduction on how to have infringing products removed from two popular Chinese e-commerce sites: Alibaba and Taobao.

  • Guide to Trade Mark Protection in China
    Until you register a trademark in China, you do not own that right, meaning that applying for a trademark before entering the China market is of utmost importance. This guide walks you through an overview of trademarks, how to apply for them and how to enforce your rights in case of an infringement.

  • Guide to Patent Protection in China
    Until you register a Patent in China, you do not own that right, meaning that applying for a trademark before entering the China market is of utmost importance. This guide walks you through an overview of trademarks, how to apply for them and how to enforce your rights in case of an infringement.

  • How to Conduct a Trade Mark Search
    Every company, no matter how big or small, has some IP. The most common type of intellectual property right (IPR) is a trade mark. A trade mark is essential to all kinds of companies, whether you are a producer, distributor or service provider, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand. Before you apply to register your trade mark in China you should check that it is available and has not been previously registered by another company, or is too similar to any other registered trade mark. This step will prevent you spending resources on an application which will be rejected and could delay your business operations in China.
    This guide is designed to Help you understand how to conduct a trade mark search on your own.

  • Protection of Online IPR in China - Domain Names
    The Internet in China, with more than 513 million 'netizens', is an attractive business and marketing platform for many European SMEs working with or in China. Although, it is also an ideal platform for infringers to sell counterfeit products and commit fraud. What should you do if someone registers your domain name or a similar one in China ('cybersquatting')? How should you react if you receive a 'slamming' letter from a Chinese domain name provider claiming they have received a registration request from another company to register your domain name with several Asian domain name extensions? Click here to download this newly updated guide and find out more.

  • Guide to Using Contracts to Protect your Intellectual Property Rights in China
    Tailoring contracts to suit your IPR is an important way to ensure that your company's specific intellectual property assets are adequately protected. This guide outlines some key contract provisions that you need to include in your agreements, important clauses that must not be used in China (because they could be in contravention of the Chinese laws thus rendering the contract void), how to protect confidential information through contracts, and protecting the ownership of new IP created in China). It contains a sample Non-Disclosure Agreement.

  • Guide to R&D in China for European SMEs
    Many European SMEs may not consider that they conduct any R&D in China because they do not have a laboratory or research facility there, but in reality, a high proportion of these companies engage in activities which fall under at least one of the terms: research or development. This guide outlines how to develop your IP strategy before conducting R&D in China, taking into account licensing for R&D contracts, defining ownership of new IP created, and developing a valuable IP portfolio in China. Download the full guide to learn more.

  • Intellectual Property Systems: China / Europe Comparison
    There are several key differences between Chinese and European IP laws which are important to understand in order to efficiently manage your intellectual property in China. This short document gives a broad comparison between the Chinese and European IP systems, and highlights some of the main differences and similarities you need to be aware of.

  • Technology Transfer to China: Guidance for Businesses
    Many European companies are willing to transfer their latest technology to Chinese subsidiaries of European firms and joint venture partners, exposing themselves to potential loss of competitiveness and IP risk. This publication provides an overview of common situations encountered by European firms in China and a checklist of how to effectively protect your business secrets.

  • Guide to Protecting Your Trade Secrets in China
    A trade secret is any non-public information with actual or potential commercial value that is guarded by confidentiality measures. Trade secrets can ensure business advantage over competitors but must remain secret – once a trade secret becomes publicly known, it can no longer be protected as a trade secret. Most theft of trade secrets cases involve current or former employees. Download the full guide to learn more.

  • China IPR SME Helpdesk
    This brochure gives you an overview of the China IPR SME Helpdesk's services, including case studies and contact details.

  • Guide to Using Customs to Protect Your IPR in China
    Unlike Europe, China has both imports and exports customs, which has the authority to seize IP infringing goods. Learn how to work with Chinese customs to protect your IPR and prohibit infringing goods from entering or leaving the country.

  • Finding the Right Lawyer
    This guide is currently being updated: Hiring a lawyer is an important decision that should not be based solely upon advertisements or recommendations. An experienced and capable lawyer could not only strengthen your business's IPR strategy but also effectively assist you in enforcing your IPR rights against infringers. This guide walks you through the process of hiring the right lawyer for your needs.

  • IP Strategy for European SMEs at Trade Fairs in China
    Trade fairs represent an opportunity to promote your products in China but also expose your IP to potential infringers. This handbook provides a step-by-step guide to intellectual property strategy and protection before, during and after a trade fair or an exhibition in China.

  • Managing IP as a Business Asset
    Businesses that actively manage their IP as a financial asset outperform their peers by up to 30%. The most significant group of intangible assets are those protected by intellectual property such as inventions, designs and brands. Click here to download your 'Managing IP as a Business Asset Guide'.

  • Guide to Copyrights in China
    A copyright protects intangible original intellectual creations in the fields of literature, art or science that can be reproduced in a tangible form from being reproduced without the permission of the copyright holder. Unlike trademarks and patents, registration of copyrights is not compulsory in order to obtain protection, but can help in proving the ownership of the copyright in the case of infringement. Download the full guide to learn more.


Industry Specific

  • China IPR SME Helpdesk Guide China IPR Considerations for European Businesses in the ICT Industries. new
    While some IPR issues are common to all types of European companies doing business in China, others are specific to the ICT industries. Such industry-specific issues include software protection by patents and standard essential patents. This Guide focuses on the top IPR issues for European ICT businesses in China, including developing a patent and trade mark strategy as well as enforcement of IPR.

  • Guide to IPR Protection in China for the Fashion and Design Industry
    The fashion industry encompasses the design, manufacturing, distribution, retailing, marketing and promotion of clothing, footwear and accessories and is worth billions of Euros every year. Although the fashion industry initially developed in Europe and the United States, these days it is an international and highly globalised sector, with garments often designed in one country, manufactured in another and then sold worldwide. Against this backdrop, emerging Asian countries are playing a key role in the production chain and as potential consumer markets. China presents both opportunities, as a manufacturing hub and a maturing consumer market, and risks, as a potential source of counterfeit merchandise. Download our guide to learn how to take advantage of the market whilst protecting your IPR.

  • Guide to IPR Protection in China for the Food & Beverage Industry
    The food and beverage industry (F&B industry) includes the research and development, processing, production, wholesale and distribution and retailing (including branding) of a wide range of food products. Significant changes in the F&B industry are redefining how companies grow, operate, and manage risk in this sector and since these changes often involve intellectual property rights (IPR), the need to protect IPR in several countries is stronger than ever. This guide provides you with a range of practical advice related to trade marks, packaging and other issues relevant to the F&B industry.

  • China IPR Guide for European SMEs in the Automotive
    This tailored IPR guide for SMEs in the Automotive Industry covers the aspects of IPR most relevant to your business and how you can protect them.

  • IP Strategies for EU 'Cleantech' SMEs in China
    With a large potential clean technology market, and strong government support for the development and adoption of new clean technologies, China presents great opportunities for European cleantech SMEs. However, as the market becomes increasingly competitive, strategically managing, protecting and leveraging IP becomes even more essential. Understanding how IP fits into the overall strategy of your business in China can lead to more opportunities and conserve competitiveness. Download this guide to learn more.

  • Guide to IPR Protection in China for the Creative Industries
    China's rapidly expanding consumer market creates both opportunities and challenges for European businesses in creative industries. Ideas and designs are the lifeblood of creative businesses and infringement can be particularly costly and damaging. However, creative ideas and designs that are not adequately protected often fall victim to infringement by potential Chinese clients or Chinese competitors. Download the full guide to learn more.

  • China IPR Guide for European SMEs in the Ceramics Industry
    This tailored IPR guide for SMEs in the ceramics industry covers the aspects of IPR most relevant to your business and how you can protect them.

  • Guideline on Medical Device Industry IPR Protection in China
    This guide takes a practical look at IPR protection and enforcement in China with a particular emphasis on issues for SMEs in the medical device industry.

  • Guide to IPR Protection in China for the Textile Industry
    China's textile industry is both an opportunity and threat to European businesses. It is a major market for those supplying production technologies and a key supply base for textiles and finished goods. This guide addresses IP issues across subsectors of the textile industry, including textile machinery, yarns and specialty fabrics, finished fabrics and brand apparel & accessories. The areas of IP most relevant to the above sectors will be discussed, as well as smaller IP issues specifically affecting makers of brand apparel & accessories.

Recommended reading

  • Product and Know how Protection Guidelines
    These guidelines offer a selection of viable measures for protecting against product piracy and the loss of know-how in the form of a structured procedural model that reveals the requirements and possible protective means for relevant key areas of business. The recommendations included in these guidelines give an overview and a first source of information concerning the effective use of such protective measures.

Last Updated on Tuesday, 03 March 2015 18:35
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