GETTING STARTED is the first in a series of training guides on Intellectual Property (IP) for European SMEs engaged in China business.
The principle issues surrounding intellectual property development, its protection and enforcement are the same for all SMEs, however, the specifics of how they should be approached will be unique to each individual SME. The approach to IPR protection outlined is relevant to all SMEs and not only those dealing with China. As with many other fields, a few basic actions can go a long way and IP is no exception.
Helpdesk customers fall into broad customer profile types. The Helpdesk provides common information services relevant to each customer profile. Where customers of the Helpdesk identify specific questions or queries you are encouraged to use the website to ask a question.
The first step in developing the value if IP in your business and managing risk is to build awareness within your company, particularly amongst senior management and the board about what is IPR? This will help you to answer an important strategic business issue of why to protect IPR? It is true that many companies have developed valuable IP without recognising it and risk it as a result. Both questions require ongoing review as your business evolves and are key to understanding how to protect IPR?
Developing a tailored IPR approach will depend on your company´s sector of operation, your market positioning, your size and your stage of development, particularly with regards to your business with China. These issues will determine the value of IP within your company. By this stage IP protection must already
have been understood at both board and management levels so that IP enters the mainstream business process.
You wouldn´t think of starting a business without a HR strategy, market strategy or financing strategy, and for many SMEs an IP strategy is just as important for planning growth and minimising risk. Regardless of the stage of your level of business with China, be it in early planning or well-developed over many years, it is important to have in place an IP Strategy. This will require you to put in place a series of steps which include an IP Audit to assess your current IP status and development needs. This will allow you to set out the priorities and rank internal IP assets before putting in place effective IPR Policy and processes as part of the business process and IPR quality control. In the early stages of developing the IP strategy, it may appear complicated and time consuming, however, to grow value in your IP assets it must become routine business practice. Implementing IP protection must be incorporated into your relationships with all of your stakeholder groups which broadly includes suppliers, distributors, cooperation partners, customers and your employees, particularly where these relationships relate to technology transfer or transfer of business knowledge. The area of business to business promotion must also be reviewed to ensure effective risk management. At the same time, you need to understand the procedures and investments related to the registration of your IP rights and the monitoring of their enforcement.
It is recommended that a standard operating procedure must be put in place when you encounter an IP enforcement problem, for example, in relation to how to investigate the problem or how you might select an IP partner company.
All the elements described here should be considered as an ongoing cycle of development which will be more manageable when your senior team actively builds an awareness and understanding of external factors such as technological advances or competitive trends.
Disclaimer: The China IPR SME Helpdesk is a free service which provides practical, objective and factual information aimed to help European SMEs to understand business tools for developing IPR value and managing risk. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice.
Your training guide to IPR
