Presentation on theme: "Brand Protection in China April 30, 2013 China Road Show."— Presentation transcript:
Brand Protection in China April 30, 2013 China Road Show
China IP’s Challenge Since joining the World Trade Organization (2001), China has strengthened its legal framework and amended its IPR laws and regulations to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). More than 70% of the counterfeits seized by the US and EU customs in 2012 came from China.
Prevention — Best Protection Registerable/Non-registerable IPs –Patent: the State Intellectual Property Office (SIPO, the Patent Office) –Trademark: the Trademark Office of the State Administration for Industry and Commerce –Copyright: China’s National Copyright Administration (NCA) –Unfair Competition: the Fair Trade Bureau under the State Administration for Industry and Commerce (SAIC) –Trade Secrets (know-how): protected under Anti-unfair Competition Law
Brand Protection Registration of trademarks earlier Registration of trademarks in English and Chinese Constant and regular surveillance of trademark infringement Multiple layers of protection—trademark, design, copyright Fast reaction to all levels infringement utilizing available enforcement procedures
Statistics of Trademark Applications and Registrations (from 2001 to 2012)
What does the Chinese design protect? ShapePatternShape + Pattern Shape + Color Pattern + ColorShape + Pattern + Color Product
Design Patents—Enforcement Infringing Activities –The infringement of a design patent includes making, offering for sale, selling or importing a product incorporating the patented design for production or business purpose Claim Construction –Patent Law, Article 59.2: the protection is defined by photos or drawings of the product, where the brief explanation is used to explain the photos or drawings