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Manage your Intellectual Property in Mainland China, HongKong, Macao and Taiwan

IP

14/07/2016, Effectively protecting your IP when entering the Chinese market, Athens, Greece, 18 July 2016

The event is the result of a collaboration between the China IPR SME Heldpesk and Hellenic Chinese Chamber of Commerce. The Commercial Counsellor of the Greek Embassy in Shanghai, the Chamber President and General Secretary, will also attend. The China IPR SME Helpdesk expert, Mr. Bertram Huber, will deliver a presentation entitled ‘Effectively protecting your IP when entering the Chinese market’ to the Hellenic Chinese Chamber/Commercial, Industrial, Shipping and Tourism.  The presentation will provide a general overview of the legal knowledge that you are required to know in order to ensure safe and effective business in China. Mr. Huber will also provide practical advice on what to be aware of when internationalising your business to the region. His presentation will include key case studies, checklists and takeaway messages. There will also be the opportunity to ask specific questions in a Q&A session

26/10/2015 - Don't miss our upcoming event, Protecting IP at Trade Fairs, 4 November 2015, Guangzhou

Don't miss out on our upcoming free of charge training event, taking place on 4 November 2015, in Guangzhou. Attending trade fairs in China is an excellent opportunity for showcasing your product and find potential business partners, but it also poses some risk in terms of intellectual property protection and enforcement. Learn from China IPR SME Helpdesk Expert, Reinout van Malenstein about an effective trade fair strategy and practical tips of IP management. Click here for further details and registration.

22/10/2015 - Don't forget to register for our next event in Hong Kong on 5 November 2015

The China IPR SME Helpdesk and the European Chamber in Hong Kong is delighted to invite you to our upcoming joint seminar, Trade Mark Protection and Enforcement in Hong Kong, taking place on Thursday, 5 November. You will learn about practical tips related to protect and enforce your trade mark from two dedicated IP lawyers, a Customs representative as well as a fellow SME.

Click here to learn more or register by e-mailing your details to kinga.katus@china-iprhelpdesk.eu.

Always be well prepared

Belgian SME BEA manufactures sensors for automatic doors. Before they were active in China they had the foresight to file for an international patent that included the PRC as a designated state. Christian Nowak, Science & Technology advisor at BEA, shares the company’s experiences with patent infringement, and how enforcement can be successful if you have your documents and protection in place.

BEA (short for Bureau d’Electronique Appliqué) was founded in Belgium in 1965 and currently has five offices worldwide. Christian Nowak says: “We set up a representative office in China in 1996 to analyse the market and to find potential future customers. We were quite sure that the market was appealing for us, [and] the risk of getting copied was not strong enough for us to give up the potential”.

The company then prepared well by including China in the designated states for patent protection, even though they were not active in the country yet. Christian says: “We applied from Belgium for patents in the United States and included China as well. We have design patents, invention patents and a trade mark registered in China. It’s a very simple design patent which helped us during our case in 2002.”

Christian continues to explain the case: “We received two sensors in the after sales service that were not manufactured by BEA. One of our customers noticed that there were copies on the market and could tell us who was behind it.” BEA then sought advice from a Chinese patent attorney and chose to take administrative action via the State Administration for Industry and Commerce (SAIC). “I prepared a file with all details, pictures of the original products and the copies, and all our patent registration certificates”, Christian adds.

They went to the SAIC in the city where the infringement took place and the manager in charge dispatched two officers to raid the premises of the infringing company. Christian says: “After searching for 45 minutes at the warehouse I could find one sample of a fake product. We had the company sign a statement of their wrongdoing after which the case was closed.”

Christian recommends other SMEs to act early: “Because we were quite early on this case it couldn’t spread throughout China. As SMEs are not always aware of IP issues, it is good to have a support service like the Helpdesk to give them all information”.

 

Lessons learnt:

  • Get ahead of potential infringers and register your IP in China, preferably before entering the market.
  • Keep your IP registration documents and proof of infringement at hand so you can immediately prove your case if needed.
  • Don’t be afraid to enforce your rights, China’s IP legislative system is developed and the authorities can assist you.

For more information, please see:

 

The value of a Chinese trade mark

English Trackers provides English editing and proofreading services to companies worldwide. Bridget Rooth set up the company in 2008 and her vision was to build a strong brand that she would be able to sell one day. Bridget shares another reason for registering a trade mark in China – besides adequately protecting your brand.

“I think IPR is very complicated for small companies entering China because they don’t have big legal teams in-house”, Bridget says. “I had the advantage of having been exposed to business in China – and particularly IPR – while working my first four years in China for a foreign law firm. As soon as I had my business license I started the procedure to register my trade mark.”

Another issue Bridget mentions that small companies face in China, is working on a small budget. She says: “Having a miniscule budget meant I did the job myself. I found a local trade mark agent via a Chinese friend, the costs of registration in one class were ¥ 2,000 (± € 240).

Bridget mentions that the reason to register her trade mark was to enforce her rights in case of infringement, but so far no illegal copies of her brand have sprung up. However she recently encountered another use for having her trade mark registered. “If you want to verify your Sina Weibo account (Chinese equivalent of Twitter), which is definitely worth doing if you want to grow your fan base, you’ll want to use your logo in place of a photo on your account. To do that, you need to prove you own the brand.”

“Go register your brand!” says Bridget. She also advises SMEs to use all resources available when establishing themselves in the Chinese market. “Use Chambers of Commerce and services like the Helpdesk to assist you.”

 

Lessons learnt:

  • Register your trade mark as soon as you register your company in China.
  • Realise that your trade mark doesn’t just protect your brand name or logo, proving that you own the brand can be required for other business purposes as well.

For more information, please see:

Start with your trade mark

Founder and owner of German SME Natooke Ines Brunn wanted to promote biking in China and decided to set up a shop selling cool and colorful bikes. Natooke was the first store in China to build bespoke fixed gear bikes using bike parts from around the world, and aims to make biking hip and modern again. As a hip brand requires adequate trade mark protection, Ines shares her experiences in registering the trade mark and how this registration benefitted her business.

 “When I started my business I had never thought about registering my IP. I had a bit of a misconception that only big companies can register IP”, Ines says. “When a friend suggested that that I should register my shop name and the brand names of products that we sell, I contacted the China IPR SME Helpdesk for advice.”

The Helpdesk provided first line advice on different ways to register the trade mark, and Ines decided to register through the international system. When she had to transfer the trade mark to her own name a few months later, Ines contacted the Helpdesk again. “They gave me a lot of information, the process is not difficult once you know how it should be done”, Ines says.

“When I registered my trade mark it was just to protect my logo, but over time people approached me that wanted to open a franchise shop”, she continues. “At the moment we have a franchise shop in Chengdu, and I am very happy that I decided to register the Natooke trade mark, because using the franchising system to monetise my brand wouldn’t have been possible if the trade mark hadn’t been registered”.

What recommendations would Ines give other SMEs, based on her own experiences? “If you have your IP registered you do not only protect your brand, but you can do franchising agreements and generate business from it. I recommend other companies to immediately think about IP and have it registered.”

 

Lessons learnt:

  • Register your trade mark, in your own name, as soon as you register your company in China
  • Realise that your trade mark doesn’t just protect your brand name or logo, it can be used to monetise your brand as well.

For more information, please see:

13/07/2015 - Chinese Language Training Design Patent Protection and Application: Insights from SIPO Examiner, Beijing, China, 27 July 2015

Chinese Language Training Design Patent Protection and Application: Insights from SIPO Examiner, Beijing, China, 27 July 2015

The China IPR SME Helpdesk will invite a design patent examiner from the State Intellectual Property Office (SIPO) to give detailed introduction and practical tips on how to use design patents and how to correctly apply for a design patent. In China, given that design falls in one of the three types of patents protected by Patent Law, plus has no substantial examination and the examination time is the shortest, for most European SMEs, design patent is or should still be a preferable tool to protect their product designs. However, in fact design patent application is not simple as we supposed. The event is conducted in Chinese. For more information, please click here.

 

08/07/2015 - Read the last post on the blog on geogra

Blog post: “Champagne or sparkling wine? Geographic Indications in China”

“Champagne”, “Bordeaux”, “Parma ham”, “Parmesan”. Each of these products, associated with certain regions, are renowned and trusted for their nature, quality and authenticity . A GI is therefore a labelling that identifies a good as originating in a specific territory, region or locality, where characteristics of the good are associated with its place of origin. This This new China IPR SME Helpdesk blog post explains which are the four key steps to protecting your GI in China.To read the article, please click here.

 

06/07/2015 - Discover the new Helpdesk guide on Registering and Protecting Chinese Domain Names!

Helpdesk guide: “Registering and Protecting Chinese Domain Names”

While the internet can be a profitable business platform for European SMEs – particularly in China where internet usage grows annually – it also provides an increasingly easy way for infringers to sell counterfeit goods and commit fraud. This China IPR SME Helpdesk guide outlines the domain name risks faced by European SMEs conducting business in China and provides a comprehensive overview of ways to mitigate against and respond to domain name infringement if, or when, it occurs. Practical guidance is offered on how to register a domain name, ways to resolve a domain name dispute and how to build a domain name strategy for your company. To read the guide, please click here.