Transcript 幻灯片 1
IPR and China – How companies can best be protected The Helpdesk Initiative SMEs • Protecting Innovation • Securing Global Competitiveness China Assistance • Opportunities • Challenges • Eg: EUCCC; VDMA • Business Associations • European Parliament The Helpdesk Initiative • European business is 99% SMEs, about 2/3 of employment & about 57-58% of value added (a bit like ratio of Chinese origin goods to all counterfeit seizures….) • Definition of SMEs isn't only 'micro-enterprises' (under 10 people) but extends up to 250 employees, so covers more of economy than you might think • SMEs tend to assume that IPR is: costly, technical, 'too complicated' and 'not for me' leading them to do even less than they could do otherwise • SMEs have fewer resources so need help Workshop Agenda Why Do Greek Companies Need To Consider IPR? What Do You Need to Protect? How Can Businesses Best be Protected: - Before you start - While doing business with China Why Do Greek Companies Need To Consider IPR? Trade between Greece & China = US$3.5 billion in 2008 Exports from Greece to China over US$150 million As of November 2008, China is Greece’s 30th export market & ranked 3rd for imports Source: Mofcom Why Do Greek Companies Need To Consider IPR? Examples of 2008 Imports to Greece from China: • Mechanical and electrical products - $955 mln • Transportation equipment – $608 mln • Furniture, toy, miscellaneous products - $427 mln • Textile and raw materials - $424 mln • Base metal and products – $353 mln • Shoes & boots, umbrella and other light industry products $209 mln • Plastics, rubber - $127 mln • Pottery, glasses - $123 mln • Leather products, boxes and bags – $116 mln • Chemical products - $84 mln • Wood and wooden products - $55 mln • Optics, clocks, medical devices $54 mln • Cellulose pulp, paper - $51 mln • Plants - $25 mln • Artwork - $22 mln Why Do Greek Companies Need To Consider IPR? • To protect your products & ideas • To protect & harness your brands & reputation • • To justify research & development costs To make sure new rights belong to you • To prevent other companies from utilizing your inventions & designs • To keep your competitors at a distance • To create market space for future development • To create a strong defence in case of conflicts / infringement • To record unique technology & designs for investors • To create a platform for licensing& co-operation agreements; • To create a qualified knowledge base for decisions about registering rights internationally. What Do You Need To Protect? • Brand names • Designs • Inventions • Software • Technology • Systems & procedures • Artistic works • Know how • Literary works • Trade secrets • Domain names How Can Businesses Best Be Protected? • How can you minimise the risks? - treat it like your house, bank account, wallet… • Issues before you start doing business with China - know before you go • While you are there – - Dealing with 3rd parties - Sourcing - Manufacturing - Licensing - Trade fairs How Can Businesses Best Be Protected? Issues before you start doing business with China: – Is it registered? – What countries are covered? – What about Chinese versions? – Who are you dealing with? – How do you know if they are reliable? How Can Businesses Best Be Protected? • China is a “first-to-file” country when it comes to IPR registrations. - Key issue for many EU Businesses – case study • China, Hong Kong and Taiwan use separate legal systems, i.e. there is a need to file in both. • For trademarks: register broadly in many classes, Chinese versions of your TM should be registered How Can Businesses Best Be Protected? While you are there: – Contracts/NDAs/confidentiality – notarise agreements – Are they likely to develop your product – what about IPR? – Does your supplier/manufacturer have control of brand labels/moulds/production equipment/proprietary information? – Assess risks – who else does supplier work for; is there a conflict? Case study: Great idea – poorly executed… How Can Businesses Best Be Protected? Business partners and IPR protection • Consider how you want the relationship to work and what controls you need to put in place to secure your rights • Conditions should be put into a written agreement and accurately translated and understood by all parties • Take steps to verify that your potential business partner are genuine and share the same goals as you • If possible, consider keeping your most valuable IP a ‘trade secret’, for example, the formula for Coca-cola. How Can Businesses Best Be Protected? Business partners and IPR protection • Consider what samples and promotional materials you provide to potential partners • Ensure that your property is protected after an agreement has ended e.g. include the return of moulds within the written agreement • Clearly state what Intellectual Property Rights are owned by whom in respect any items you supplied • Use confidentiality, non-competition and non-disclosure agreements • Specifically state that your supplier may NOT use a subsupplier without your permission Summary • Register rights – if you don’t own it you can’t protect it • You need to be the first to file IPR in China • Use good contracts • Prevention better than cure • Be proactive Next – Ways to deal with Infringement/Counterfeiting…