Intellectual Property in China

Most people’s biggest fear about producing a product in China is getting ripped off or having their idea stolen. Why?? Because Intellectual Property in China can be VERY confusing.

But never fear my little importing ninjas, the land of the far east has heard your battle cry and is responding. Yup, this is right is planning to fight back with one of the biggest intellectual property rights overhaul in their history. Yup you heard it right China is trying to tighten up the laws and make the ship start sailing straight, well let’s be honest probably not straight, but in a more forward direction than it is currently moving…

SOOO Here are the main point s of the new reform.

Main Contents of the Plan

IP Protection

  • Accelerating revisions to the Trademark Law, Copyright Law, Patent Law as well as relevant implementation regulations
  • Initiating research on appropriate policies and legislation that would strengthen the protection of the innovative pharmaceuticals industry
  • Increasing the number of grass-roots people’s courts which have jurisdiction over general IP cases and assigning more intermediate people’s courts to handle the first-instance IP cases
  • Supervising governments at the municipal and county level to accomplish the inspection of licensed software applications before the end of 2013, and promoting the application of licensed software in enterprises
  • Deepening the cooperation among customs in terms of protecting intellectual property rights (IPR) to better combat IPR infringement in international trade
  • Enhancing assistance to enterprises involved in foreign-related IP lawsuits
  • Studying IP protection for the national and folk arts, and establishing an IP database for Chinese folk literature

So what does this mean for you? Get your pen and paper ready…

 

First Off

people have some completely deluded perception that contract and law does not exist in China, which is completely NOT TRUE. The problem is people do not know how to write a proper contract, so lets start there. These are things you MUST include in your contract.

being able to enforce the contract and its terms)

  1. Have a written contract (see thisthis and this);
  2. Have that written contract be in Chinese;
  3. Have that written contract set out clearly how disputes are to be resolved and, even more importantly, pick the right forum for those disputes;
  4. Have that written contract set out in excruciating detail what the Chinese company must do to be in compliance with the contract;
  5. Set out the liquidated damages the Chinese company must pay if it fails to comply with the contract;
  6. Make sure the Chinese company signs AND seals your contract.

Next

register for a patent in your country and in China. If your product is truly unique and you have invented something that is not already on the market, then I strongly suggest that you apply for a patent. The process can be tricky so I advise researching it or getting someone to help you out with it: Below are the links to some patent offices around the world

Australia

Europe

USA

 

After That

you might want to register for a Trademark in your country and/or wherever you plan on selling. This will protect you incase someone else tries to use your likeness or image to sell a similar product.

And that’s all I have to say about that. 🙂

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