IPR experience in China BCECC, October 2015. Chinese patent law 1985 – promulgated, world novelty...
-
Upload
tyler-stanley -
Category
Documents
-
view
212 -
download
0
Transcript of IPR experience in China BCECC, October 2015. Chinese patent law 1985 – promulgated, world novelty...
IPR experience in China
BCECC, October 2015
Chinese patent law
• 1985 – promulgated, world novelty required
– offices Beijing, Hong Kong, Shanghai• 1992 – regulations on implementation• 1993 – law revised• 2001, 2008 – further revisions
Original product
•
Product history
• A very successful existing product• Thousands of pieces sold worldwide• Patented in China in 1986 (via Hong
Kong)• Installed in Tianjin in 1987 - imported• Production started in China 09/1988
first copy
Copy history
• 1st copy on Chinese market in 06/1988• Gained patent case against original 1990• That copy maker sold 2 times more
products than the original in China• Copymakers’ price = 50-60% of original
price in China.
War of the 90’s
• All existing products not patentable• China was booming• Products for cities and buildings were
important =
enough food for originals
enough food for copymakers
Commercial strategy 90’s
• Another existing model launch at full speed, several times per year
• Market pays premium for the latest• Copymakers follow the latest• Price adaptation after copy shows up• Technical and quality advantage• Newly designed models patented regularly
90’s tendering process for public works projects
• Everybody proposes a product• The product is chosen by authorities• Everybody is invited to bid for the same
product• Authorities refuse to care about patent
ownership or design authorship
Original product…
… and its copy
… and a product “inspired” by original
Another original product…
… and a copy…
And another copy
One more original…
… and a copy
And an “inspired” product
A very appreciated original…
… and some of the many copies
Copy of a French product
Copy of another French product
Copy of a Spanish product
Copy of a German product
21st century New age – New mood
• Technical spec in public purchases – levelled and not in focus - OUT
• Decorative effect of public projects - IN
Aesthetics of a product became important
Copyright
Copyright law
1990/2001/2010 – WTO, TRIPS
工程设计图、产品设计图、地图、示意图等图形作品和模型作品
“drawings of engineering designs and product designs and description
thereof”
Practice: what may be deposited as model, should be…
Present IP situation
• Decent set of laws and implementation rules
• Established procedures and systems• Applicable and applied
….whenever unavoidable
Start only those wars you are certain to win!
Trade Mark protection
• October 1995Request for registration of the logo (left)
• May 1996Refusal by Trade Mark Office because ‘similar’ to existing TM
Research 2003
• TMs registered since – all local
Conclusions
• Protect your name/TM , in Chinese characters also
• Build your patents and be cautious with copyright
• Make sure it cannot backfire• Sign NDA with your personnel in China• Be prepared for a commercial battle, do
not rely on legal protection only
Thank you