Cultural and Creative Industries in China part 2: Computer ... · from start-ups to multinationals...
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Cultural and Creative Industries in China part 2: Computer Gaming and Software Development 17 December 2013
Transcript of Cultural and Creative Industries in China part 2: Computer ... · from start-ups to multinationals...
Cultural and Creative Industries in China part 2: Computer Gaming and
Software Development
17 December 2013
Welcome to the webinar
17 December 2013
Philippe Healey China IPR SME Helpdesk Project Manager
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17 December 2013
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17 December 2013
Purpose
• The EU SME Centre in Beijing is a project funded by the European Union
• To assist European SMEs to export to China and establish, develop and maintain commercial activities in the Chinese market
• Free, confidential information and advice, and practical support services
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Today’s Speakers Miko Puhakka More than 20 years’ experience working with technology companies ranging from start-ups to multinationals in Europe, USA and Asia. Founding Partner at Lion Partners Email: [email protected]
Steve Dickinson The bulk of Steve’s practice is with foreign companies who do business with China. His work is done entirely in the Chinese language. Email: [email protected]
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A project funded by the European Union
“GOING SMART IN CHINA’S
MOBILE GAMING FIELD: MARKET
DEC 17 2013
Mr Mikko Puhakka has more than 20 years’ experience working with technology companies ranging from start-ups to multinationals in Europe, USA and Asia. He has been on ''both sides of the table'' both investing into companies as a venture capitalist as well as helped companies raise money from both private and public sources. His most successful investment was a seed investment into MySQL in 2001 which was sold to SUN Microsystems in 2008 for 1 Billion USD. Mikko currently resides and works in Beijing advising both Chinese and international companies on both strategy and financing related issues.
Mikko Puhakka Founding Partner at Lion Partners Email: [email protected]
Our Speaker
Poll 1
Question: Are you currently doing business in/with China
A: Yes
B: No
C: I am planning to
Agenda
China’s mobile gaming market: overview and latest development
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2 Market access for EU SMEs
3 Adjusting to the Chinese market: popular formats and localization
Recipe for Success 5
4 Monetization and distribution platforms in China
China’s mobile gaming market – overview and latest development
Market access for EU SMEs
Growing number of foreign games are winning Chinese hearts (eg. Clash of Clans), but failing to monetize
Language
Culture Native social network ecosystem
monetization
Culture Language
Adjusting to the Chinese market: popular formats and localization
1. Its all about Android
(around 70-90% market share, depending on source and way of calculation) and IOS (the rest), both in phones and Tablets
Adjusting to the Chinese market: popular formats and localization
2. Localization needs are not just language needs, but cultural and business model-wise as well
Translation
Localization
Transcreation
Adjusting to the Chinese market: popular formats and localization
3. Partnering even more critical than in other fields of business
ByteRockers & Smartion
Touchten & Yodo1
Halfbrick & iDreamSky
Monetization and distribution platforms in China
• 70% of Android phones lack Google Play Services (in-app payment system)
• Independent payment solutions: mobile carrier or Alipay together with a local publisher
• Co-operation with local app stores
• Hundreds of potential distribution platforms, some with already good track-record with foreign games - Yodo1 and iDreamSky to name two
Monetization and distribution platforms in China
Note: for illustration only, does not include all enterprises
Recipe for Success
! Culturalization, including monetization
! Partnering
! Timing - release game at the same time as internationally to beat the clones
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2
3
IPR Protection Strategies: Computer Gaming
and Software Development Industries in
China
Steve Dickinson 17 December 2013
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Today’s Speaker Name: Steve M. Dickinson Firm: Harris Moure PLLC Location: Seattle/Beijing/Qingdao Email: [email protected]
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Agenda:
1.Copyright registration for software, games and using the
unique Chinese software copyright registration regime
2.Importance of registering trade marks
3.Pursuing IP infringement – enforcement
4.Case study
5.Common mistakes and Take-away messages.
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Poll 2 Question: What is your operation in China? A. Mobile gaming
B. Computer gaming
C. Video gaming
D. Software development
E. Others
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Types of relevant IP Infringement • Verbatim Copying – copying of the exact software program
• Cloning – adapting basic concept of game into a completely
new format: very common in China
• Localization into Chinese language – translate a game in a
foreign language into Chinese ( relevant to both verbatim or
clone).
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Basic methods of protection You MUST register your product with the PRC Copyright Office
• Software: Registration under the Measures on Software
Copyright Registration (2002).
• Games: Registration as an audio-visual work under the
general provisions of the PRC Copyright Law.
• Register BEFORE infringement occurs, not after.
• Copy protection does not work in China. License restriction on
reverse engineering does not work in China.
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Secondary methods of protection Basic registration only protects against verbatim copying. It does
not protect against cloning and localization. You must do more!
- Register all copyrights
- Register trade marks
- Enforce your rights
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Poll 3 Questions: What kind of IP infringement you
faced in China? A. Verbatim
B. Cloning
C. Copied trade mark
D. Localization
E. Others
Copyright registration for mobile games • Characters – register your artwork because in China it might
be copied but given a different name.
• Scenes and maps - list all specific maps and scenes used in the
game.
• Implements and tools – any additional design in your games:
awards won, weapons etc.
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Copyright registration for software development Remember to register:
• Icons
• Screens
• Menus
It is important to register all designs in your software!
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Trade Mark registration – Important For games and software, register trademark in all important
verbal elements and distinctive logos:
• Title of software in original language and Chinese
• Distinctive tag words in original language and Chinese
• Logos and icons
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Enforce your rights • Take action against the online
distributor: website or mobile store • Take action against the online
distributor: website or mobile store. • Take action against the infringer as a
secondary strategy. • Action against CD/DVD manufacturers
and retailers and action against users has proved to be unsuccessful.
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Case Study
A foreign game developer contacted our firm concerning cloning of their very popular video game by a Chinese website well known for pirated films and games.
The owner of the website developed the game for their own use. This game was a clone: the storyline, characters, game features and scenes were all copied directly from the foreign game.
The only original element was the use of Chinese language for the interface and character names.
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Case Study The foreign game maker had: not registered the copyright in the original game in China not registered the copyright in the artwork for characters and scenes in China. not registered the trademark in the game name or other elements in China. After discovering the infringement, the game maker refused to do any of the recommended registrations. The game maker provided the infringer with a take down request relying on general copyright principles. The game maker was simply ignored and the infringement continued.
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Common mistakes 1. I don’t need to register because copyright protection is
automatic.
2. IPR protection is pointless because enforcement is impossible.
3. My software/game is in a foreign language so I don’t need to
worry about cloning/and localization in the Chinese language.
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Take Away Messages
Register in your IP before entering Chinese market
Once registered – it is possible to enforce your IPR in China
Remember that even foreign language games will most likely be translated into Chinese and copied anyway.
Do not hesitate to contact a lawyer if you are not sure how to proceed.
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Q &A
Helpdesk guide for the Creative Industries
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Thank you Both the China IPR SME Helpdesk and ASEAN IPR SME Helpdesk provide free, confidential, business-focused advice relating to China IPR to European Small and Medium Enterprises (SMEs).
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