Intellectual property in China: what are the issues today?
Samsung recently presented its latest little gem, the Galaxy S8, which will not be released until March 29. And yet, it is already possible to buy it in China, or rather it is a counterfeit, of poor quality! Unfortunately, this example of counterfeiting is not an isolated case in China…
State of play: still insufficient efforts in favor of intellectual protection in China
Known as the country of counterfeiting, China is very often in the sights of the authorities responsible for the protection of intellectual property. The figures speak for themselves: 72% of counterfeits intercepted at EU borders originate in China. According to the Manufacturers’ Union, counterfeiting represents 8% of GDP and 30% of China’s foreign trade! In 2016, more than 170,000 cases involving intellectual property law violations were handled in China.
What strategies to protect yourself?
Despite improvements in intellectual property protection in China, the danger remains very present for businesses. It is therefore better to take precautions by ensuring that your brand, model and/or patent are well protected in China.
To do this, it is possible to extend the protection of a trademark or patent in China with the INPI. It is necessary to register a trademark in Latin AND Chinese characters for better protection. In addition, designs, utility models (specific to China) and copyrights must also be filed with the Chinese authorities. Aero Leads In order to carry out these complex procedures, it is necessary to work with specialized advice, preferably Chinese.
Once your rights are protected, it is possible to defend yourself in the event of infringement. Several solutions are then possible: An amicable solution, through negotiations and transactions in order to avoid initiating administrative or legal proceedings; an administrative procedure making it possible to fight against “small” counterfeits through the imposition of fines or, in the most serious cases, a criminal procedure with more severe sanctions even up to prison sentences.
Conclusion
If Intellectual Property remains a real problem in China, the will of the government and the legal bases allow us to envisage the future in a positive manner. In the meantime, Australian number data a protection strategy is possible and essential. Chinese partners can be of great help provided you choose them carefully.
