How to protect your intellectual property rights in China

UK Intellectual Property Office - Willa Huang

Transcript

1. Intellectual Property Rights Lessons for China Willa Huang Head of China Policy UK Intellectual Property Office
2. Intellectual Property Office Our task is to help stimulate innovation and raise the international competitiveness of British industry through Intellectual Property Rights (IPR) Executive Agency within Department of Business, Innovation and Skills (BIS) 1000+ staff based in Newport in South Wales, around 40 based in London and 4 IP attachés in Brazil, India, South East Asia and China
3. What is intellectual property? Patent – for new inventions Design right – for the physical appearance and visual appeal of products Trade Mark – to show the brand origin of a product Copyright – a work of artistic expression Trade Secret – undisclosed information with commercial value
4. 3 things about IP globally 1. Know before you go: IP rules and regimes around the world vary significantly. 2. IP is territorial: IP rights granted in one jurisdiction usually only provide cover within that same jurisdiction. 3. It’s a first to file system in most of the world: So act fast or miss out!
5. Intellectual Property Rights in China Chinese patent law covers three areas • Invention patents - 20 years (from filing) • Utility model patent - 10 years • Design patents -10 years China recognises unregistered copyright but it can be registered • Voluntary registration of copyright can help provide evidence in court Trade secrets may be protected under China’s Anti-unfair Competition Law.
6. China IP environment overview • World-leading volumes of application. Last year there were: • Fast pace of legislative and regulatory change • Chinese IP system for Chinese companies • But strong links to the global economy • China accounts for 66% of infringing goods seized at EU borders 2.8 million Trade mark applications Invention patent applications 2% Chinese civil court cases involving foreign parties 1.1 million
7. Pre-Emptive Trade Mark Applications Bad-faith trade mark applications – including “trade mark squatting” – are the single most common IP issue that British companies raise with the Embassy. Typically, a company or individual will apply for a trade mark intending to sell back the right to use the mark to its original creator, or to piggy- back on its international reputation. Pre-emptive trade mark applications are most common in consumer retail industries, but can affect all sectors. The best way to prevent trade mark squatting is to be the first to apply for Chinese trade mark protection.
8. Counterfeit goods
10. Top tips for IP protection in China • Make sure everyone in your business values its IP, including you • Assess the risks in the market and make preparations • Do as much as you can to prevent infringements in the first place - prevention is better than the cure • Register your IP rights, even if they exist as unregistered rights • Create good relationships with organisations that can help you • Particularly if you are collaborating on technology, understand your partners • Stick to your normal business instincts
12. What is the UK Government doing to help? • Working to influence the policy environment – discussing issues and sharing best practice. • Facilitating interaction with China’s IP departments, courts, police and customs and the internet market places. • Know before you go and country specific information. • In country support for companies through 1-2-1 advice.
13. Where can I find help on IP issues?
14. UK overseas intellectual property attaché network Tom Duke: China Tom.Duke2@fco.gov.uk ; tel: +86- 10-5192-4495; address: British Embassy, 11 Guanghua Lu, Beijing 100200. Christabel Koh: South East Asia Christabel.Koh2@fco.gov.uk; tel: +65 6424 4229; address: British High Commission Singapore, 100 Tanglin Road, Singapore 247919. Sheila Alves: Brazil Sheila.Alves@fco.gov.uk; tel: +55 61 3329 2316; address: British Embassy, SES Qd. 801, Cj. K, Brasilia, Brazil, Cep: 70408-900. Anshika Jha: India Anshika.jha@fco.gov.uk; tel: +91 11 2419 2166; address: British High Commission, New Delhi 110021.
15. Further information British Embassy China IP webpage: https://www.gov.uk/government/case-studies/uk-china-cooperation-on- intellectual-property China IP newsletters: https://www.gov.uk/government/publications/china-ip-newsletter Factsheet on IP in China: https://www.gov.uk/government/publications/factsheet-on-intellectual- property-in-china Design Factsheet: https://www.gov.uk/government/uploads/system/uploads/attachment_data/fil e/441070/IP_and_3D_Product_Design_in_China_Factsheet_- _Feb_2015.pdf
16. Thank You Willa Huang Head of China Policy Intellectual Property Office Willa.Huang@ipo.gov.uk