IPR Protection
4 Things You Must Know about IP Protection in China If You’re Manufacturing There
China manufacturing has become much more popular in recent years, with the China being known as the ‘world’s factory’. However, while China manufacturing offers many benefits, it also comes with its own unique set of challenges, including intellectual property protection issues. For those considering manufacturing in China, here are four things you must know about IP protection in China if you’re manufacturing there to help you avoid potential legal issues down the road.
It’s Different When You Are Not From There
In any country, protecting your intellectual property (IPR) is difficult. It becomes even more complicated when you are dealing with a foreign jurisdiction like China, which has its own set of laws and customs that differ from your own. While no one wants to consider they might ever need to use IP protection methods, they can be an asset if you are faced with problems.
Before you seek legal help or pursue someone for violating your IP rights, remember that many IP cases fail because companies make basic mistakes; before taking action, it pays to know some of them. For example: Remember that you are a foreigner – Chinese laws should protect you against infringement, but don’t assume they will.
Having a backup plan is important because there is always a possibility that law enforcement may not assist you. Keep in mind who owns what – In China, registered trademarks are owned by the registrant rather than being assigned based on where products are sold. Due to this rule, you could lose ownership over your trademark simply by failing to register it properly. In addition to using multiple locations for manufacturing facilities and offices, Chinese businesses tend to utilize multiple forms of IP protection, such as patents, trademarks, and copyrights.
Trademark Registration in China
In order to fully protect your intellectual property (IP) rights, you must apply for trademark protection in China. There are three ways to do so: chinese national or regional trademark offices can be contacted directly, through a representative, an agent, or through a representative of an agent.
Direct registration is cheapest and fastest. If you don’t speak Chinese fluently, you will likely want to use an agent rather than trying to do this on your own. The best agents have years of experience filing trademarks in China and can walk you through the process.
Make sure your trademark is maintained by filing periodic renewal applications before its expiration. If you fail to renew, you risk losing all legal protections conferred by registration-including the right to prevent others from registering a similar mark. It is called trademark squatting when someone registers a trademark similar to yours after yours has expired. This process occurs frequently and is called trademark squatting.
Generally, copyright protection is achieved through registration with CIPA (China Intellectual Property Office). This ensures your work is protected legally.
Following completion of examination and approval procedures, trademarks can be registered with SAIC (State Administration for Industry & Commerce) or SIPO (State Intellectual Property Office). In addition to providing exclusive rights for your trademark, it also allows you to contest its use in court if necessary. If you wish to register a trademark, the most important thing is to make sure it hasn’t been registered by another party first; otherwise, you may face difficulties if you want to register it at a later date.
Brand Protection
When it comes to your creations, if you haven’t registered them through patent or copyright registration with qualified departments, you cannot take advantage of their legal protection. For instance, when developing something new, ensure it is registered intellectual property before distributing it to others for commercialization. This will allow you to lay the groundwork for future protection of your rights and interests.
Make sure you include an effective copyright notice on all of your original works. Copyright is defined as a form of personal ownership that protects original works of authorship including literary, architectural and artistic works from being used by others without permission or compensation.
What To Do with An IPR Dispute
You should definitely keep your records – things like your business contracts, licenses, registrations, licenses, licenses, you name it. You don’t want to destroy any records!
Check with a local attorney before signing agreements like these because they often have clauses that should be looked at beforehand. The clauses listed in this section may jeopardize Intellectual Property Rights in China.
When a dispute does arise, you can find a way to solve it by going to the police or foreign courts, among other choices. They are many instances, like going before the entire commission of Beijing Arbitration and seeking help from other departments such as SIPO and the National Copyright Administration.
Alternately, many foreign companies can solve their problems by going to the local technology offices for consultation at any time. One solution you may turn to after you consult with an infringer and find that it refuses to respond to the consultation is to take the infringer to court by yourself or to apply for help from SIPO. The most important thing is to be prepared with IPR protection before bringing the infringement to an end in China.
It’s better to prepare for the worst-case scenario, like if you found a company with a safe production facility and its own IP protection zone. Shield Works is just such a company. Different types of IP protection services are available, such as a partnership with a leading IP industry expert in China. If you want more information, you can always get in touch with us!
Protect Your IP When Manufacturing in China: Don’t Let Your Ideas Fall Into the Wrong Hands
Information is becoming accessible due to the easy distribution methods available, which makes safeguarding your intellectual property when manufacturing in China a challenge.
No matter what stage of business you’re in, protecting yourself from those who would steal your ideas should be the top priority for any entrepreneur out there.
So, let’s take a closer look at this hot-button issue and how we can learn to cope with it.
1. US IP Law Does Not Guarantee IP Protection In China
The United States has some of the strongest intellectual property rights (IPR) laws in the world. However, these laws do not guarantee IP protection in China.
You might have your trademarks, patents, and copyrights registered in the US, but this would provide you with no protection in China if there are any IP issues happen.
So you have to be proactive about protecting yourself.
Try to address your IPR with your contract manufacturing partner in China at the very outset – for too many Western companies it wasn’t until they suffered consequences later that they realized their mistake.
2. Conduct Background Checks
The first step is to conduct a background check on the company and individuals you’re looking to partner with.
This will help you get a sense of their business practices and whether or not they’re reputable.
You can look it up online by yourself or ask for references from others who have used the contract manufacturing services in China.
There are many IP theft stories online that people share about their experiences working with Chinese manufacturers, which could serve as a warning to you.
It’s important to understand that IP protection can vary significantly depending on where the manufacturer is located and what type of industry they work in, so don’t rely solely on one method to safeguard your intellectual property (IP).
3. Create A Confidential File
Before finalizing a manufacturing supplier, you have to create a list of confidential files with product details like drawings, descriptions, production plans, and prototype update records.
When you need to discuss the manufacturing process with your chosen contract manufacturer in China, avoid sending your original product drawings or product descriptions.
This is one of the easiest ways for someone in the manufacturing company to steal your intellectual property (IPR).
If you absolutely must, send digital copies that can’t be easily reproduced. You can also consider watermarking them or sending them as password-protected files.
Also, make sure you have added dates wherever possible because the first date of use is critical in IP matters.
4. Create Confidentiality Agreements
The next best thing would be to have a written IPR agreement with your manufacturing factory and any other partner companies involved in the process so that all parties are aware of how you want it handled from start to finish.
You have to sign an NNN agreement with your supplier, which means Non-disclosure, Non-use, and Non-circumvention. It is a legally binding contract between two parties in which one party agrees to protect the IP rights in China.
By having your partner sign NNNs, you can help protect your company’s confidential information.
Furthermore, make sure to review and inspect any agreements made with local manufacturers before signing. If you do have a dispute, they may only address it in the Chinese version of the document which could give them an unfair advantage over you.
5. Engage with the Chinese IP Regime
There is no such thing as international protection for your intellectual property.
If you think highly of your IP, make sure to protect it thoroughly. You need to get it protected in China by filing your patents, trademarks, and copyrights with local authorities such as:
- China National Intellectual Property Administration (CNIPA)
- Trademark Office of China National Intellectual Property Administration
- National Copyright Administration of the People’s Republic of China (NCAC)
- Ministry of Commerce, People’s Republic of China
Remember to research the relevant IP regulations in China because they may differ significantly from your home country. Also, remember to have everything properly translated into Chinese because only these translated versions will be held as valid.
Are You Looking For A Contract Manufacturer In China You Can Trust?
Registering your intellectual property in China and the United States does not always guarantee its protection. One thing to remember is that enforcement of these laws can be unpredictable or time-consuming.
Ultimately, it all depends on who you’re working with and the kind of relationship you’ve established, which means careful consideration needs to go into choosing a Chinese contract manufacturer if they’ll work intimately with your company over an extended period.
Once you’ve selected one, it’s imperative that both parties set up clear processes for protecting your intellectual property at every stage of production or else risk losing it entirely.
Now, if you are looking for a reliable and professional contracting manufacturer in China, try to work with us Shield Works.
Over time, we have developed a list of IP protective methods at our custom manufacturing and precision assembly facility that has proven 100% effective at preventing IP infringements.
- We have state-of-the-art fingerprint access secure production zones to protect your interests and provide full IP protection at the source of manufacture.
- We have legally binding NDAs with every external body that we may work with during the process of your assembly line to ensure this is protected.
- We partner with Innopat, a leading Zhuhai-based IP industry expert to provide our clients with clear, no-nonsense advice and IP protection services.
Shield Works is a British-owned and managed contract manufacturing company in the South China Greater Bay Area, providing complete custom manufacturing and precision assembly services for western companies who are fed up with poor product quality, lack of transparency, and are worried about the reliability and delivery time from their Chinese suppliers.
We attribute our success to the dedication and expertise of our engineering team who is highly qualified and experienced. With over 15,000 projects completed, we’ll provide you with tailored advice, based on your situation. Tell us about your project and get a quote!
Protecting Your Intellectual Property: What Your Chinese Manufacturer Can Do
Your intellectual property, your product design and the manufacturing process you’ve created are often what sets you apart from the competition. That’s why you want to ensure that your intellectual property rights are protected and that nobody can steal your idea and market it as their own. The best way to do this is to partner with a Chinese manufacturer who understands the importance of intellectual property protection, and who knows how to protect it even when they manufacture your product in China.
Work with an experienced IP lawyer
Before you decide to work with a Chinese manufacturer, it’s important to know if the company has solid partnership with any professional and experienced IP legal service. They can help you understand the risks involved and develop a strategy for protecting your IP. Here are seven ways your lawyer can help:
1. Review your contracts.
2. Train your employees on IP best practices.
3. Develop an IP management plan.
4. Register your copyrights and trademarks in China.
5. Monitor the market for infringements.
6. Take action against infringers
For example, Shield Works has long-term partnership with a local law firm specializing in IP laws, Innopat. Innopat is a professional patent and trademark agency authorized by the National Intellectual Property Administration of the People’s Republic of China. Since 2002, Innopat has been dedicated to the specialized practice of intellectual property law including patent, trademark and copyright law.
Register your intellectual property in China
Before you can take any legal action against an infringer, you need to ensure your intellectual property is registered in China. The first step is to file a trademark application with the China Trademark Office. If you have a patent, you’ll need to file a patent application with the China National Intellectual Property Administration. Once your intellectual property is registered, you can begin taking steps to defend your rights in court should there be any infringement. There are two options for registering IP in China.
As we mentioned above, you can either work with a lawyer to register it yourself or hire a company that specializes in this process (known as IP service providers). That can save a lot of headache.
Consider patent filing overseas
Filing for a patent is a costly and complicated process, but it’s often worth it to protect your intellectual property. If you’re manufacturing products in China, you should consider filing for a patent in China as well as in other countries where you plan to sell your products. Your Chinese manufacturer can help you with the paperwork and logistics of filing for a patent overseas. They can also help you monitor your product to make sure that no one is infringing on your intellectual property. By working with your Chinese manufacturer, you can help protect your invention and ensure that you get the credit (and profits) you deserve.
Companies with a western background, such as Shield Works, compared with local Chinese companies, have more experience in this regard, as they know better about the western legal system.
Make sure contracts are signed
The legal protection in China is weaker than that of the US, which means someone could copy your product and sell it before you ever receive permission from the US Patent Office.
You need to ensure that all future developments are owned by the factory and not just those covered by patents. The factory can make an exclusive license agreement with its employees who create these new inventions.
The contract should require employees to assign all their intellectual property rights in any invention they create during their employment to the company for a set time period (usually 10 years). It is also important that everyone involved understands what types of inventions are covered by this agreement, for example new formulations of products and processes for manufacturing goods.
Know When To Transfer Technology
When working with a Chinese manufacturer, it’s important to know when to transfer technology. If you’re working on a new product or process, you’ll want to keep the intellectual property (IP) in-house. But once the product is finalized and ready for mass production, it’s time to transfer the technology to your manufacturer. This will help protect your IP and prevent knock-offs. Here are a few things to keep in mind when deciding when to transfer technology:
1. The product should be finalized and ready for mass production.
2. You’ll want to keep the intellectual property in-house until this point.
3. Once the product is ready for mass production, it’s time to transfer the technology to your manufacturer.
There’s no need to stress how important it is to be aware of the risks of intellectual property theft and take steps to protect your products and designs, when working with a Chinese manufacturer. By taking these precautions aforementioned, you can help ensure that your intellectual property is safe from theft. Shield Works is a manufacturer that does everything it takes to protect customers’ IP and ensures a infringement-free manufacturing process in China with our exclusive security system. Interested in knowing more? Don’t hesitate to contact us!
NNN Agreement: How To Protect Your Intellectual Property In China?
There are a lot of things you can do to proactively protect your intellectual property (IP) when you are outsourcing production into China.
The Chinese NNN agreement may be one of the most important parts of the overall picture.
If you want to hear about NNN agreements, you are in the right place.
In this article, you will learn what’s involved in an NNN agreement, why you need it, and how it can help your business succeed in China.
What is an NNN Agreement?
So, first thing first. You may want to know the definition of an NNN agreement especially if you are new to Chinese manufacturing.
NNN stands for non-disclosure, non-use, and non-circumvention. The three Ns include:
- Non-Disclosure: Don’t tell anyone
It means that the counterparty can’t disclose any confidential information you provide.
- Non-Use: Don’t use the information
This means that the counterparty can’t use your IP for any purposes other than for your benefit under the contract.
- Non-Circumvention: Don’t go around your back
It means your manufacturing contractor can’t circumvent you and sell to your customers directly, usually at a lower price.
An NNN Agreement is a type of confidentiality agreement used in business dealings with Chinese companies, particularly Chinese manufacturers.
An effective NNN agreement can be used to protect your confidentiality such as product details, drawings, marketing strategies, etc. when working with manufacturers directly in China.
It’s a Chinese equivalent to the western world’s Non-Disclosure Agreement (NDA).
The Difference between An NDA Agreement and An NNN Agreement
A Non-Disclosure Agreement (NDA) focuses on protecting trade secrets in the US. while an NNN can be used to safeguard IP in China.
To be considered protectable property, a trade secret must stay a secret. As such, NDAs are typically aimed at preventing the disclosure of trade secrets to members of the public.
Therefore, an NDA agreement focuses narrowly on confidential information from being revealed to the public.
Typically, an NDA agreement is written in English, subject to U.S. law, and exclusively enforceable in a U.S. city and state.
The Advantages of a Chinese NNN Agreement
Whether you work with an existing Chinese manufacturer or looking for a new one, building and signing a legitimate contract will guarantee the safety of your company’s confidential information.
Here are some good reasons why you should sign up for an NNN agreement.
1. Protect Sensitive Information
The primary advantage of an NNN is that sensitive information about your company remains secure.
This could involve anything like proprietary data, patents, finances, negotiation terms—anything confidential.
Signing an NNN agreement is a method to protect private details from coming out publicly or being used by the manufacturer and their staff members.
2. Build Trust
Having confidentiality when writing and signing agreements between your company and your chosen manufacturing supplier lends trust to these types of negotiations, thereby deterring the possible theft of intellectual property.
You can also use this agreement to detail your expectations for the Chinese manufacturing process, including specifications for quality control and product safety.
3. Avoid Unapproved Subcontracting
Some overseas companies that outsource production to China discover that their manufacturing suppliers rely in turn on layers of subcontractors, without the buyer’s knowledge or approval.
With this contract in place, you can reduce or even eliminate the problems caused by unethical manufacturing suppliers who could steal your IP and pass it to their subcontractors.
A Step-By-Step Guide To Protect Your Intellectual Property in China
Keep a Close Eye on Your Manufacturer
Before working with a manufacturing company in China, it’s always a good idea to do due diligence. You should understand the tier of different suppliers and the transparency of every production stage.
When working with a reputable supplier, you still need to keep a close eye on their company updates by continuous monitoring.
Filing your IP Rights In China
Though you have your IPR registered in your country, you may not be protected by any foreign law or foreign judgments in China. Instead, the Chinese law and the Chinese court protect your right.
For overseas businesses engaging in import-export, they are suggested to file their IP information and register for trademark protection with relative authorities in China.
Sing An NNN Agreement
When partnering with a manufacturing company, make sure you have a well-drafted and properly executed NNN agreement that will help you protect your IP, and provide you with relief if the manufacturer breaches the agreement.
Choose A Reliable Manufacturing Partner
Finding a reliable manufacturer in China can be daunting and time-consuming. Shield Works can be your local manufacturing partner to safeguard your IP and meet your production expectations.
As a British-owned and managed company, Shield Works is committed to protecting every aspect of your IP without excessive costs and time.
Shield Works partners with Innopat, a leading Zhuhai-based IP industry expert, to provide you with clear IP protective manufacturing services in China. In addition, Innopat is a professional patent and trademark agency authorized by the National Intellectual Property Administration of the People’s Republic of China.
We also have our IP Protection flagship facility to conduct activities from manufacturing, and product assembly to quality inspection and warehousing.
In this case, you no longer have to worry about the risk of copy-cat manufacturing. Contact us to diss your project today!
4 Things You Must Know about IP Protection in China
There are many things that businesses need to know before they start operating in China, and IP protection is one of them. It’s particularly important to be aware of these things if you’re doing business in the Chinese market—or any emerging market, really. Here are four things you need to know about IP protection in China that could help save your business down the road.
1) Don’t forget you are a foreigner
Protecting your intellectual property rights (IPR) can be a tricky process in any country. It’s even more complex when dealing with a foreign jurisdiction like China, which has its own set of laws and customs that are different from what you may be used to. While no one likes to think they might ever need to use IP protection methods, these can be an important asset if you do start to experience problems. However, before seeking legal help or going after someone for infringing on your IPR, remember that many IP cases fail because companies make basic mistakes; it pays to know some of them before taking action. For example: Don’t forget you are a foreigner – While Chinese laws should protect you against infringement, don’t assume that they will.
Remember that there is always a chance that local law enforcement will not support you, so it’s important to have backup plans in place. Remember who owns what – In China, registered trademarks are owned by their registrant rather than being assigned based on where products are sold. This is opposite of most countries and means you could end up losing ownership over your trademark simply by not registering it properly. Use multiple forms of IP protection – Just as businesses in China often use multiple locations for manufacturing facilities and offices, they also tend to rely on multiple forms of IP protection such as patents, trademarks and copyrights.
2) The first step – register your trademark in China
To fully protect your intellectual property (IP) rights, you need to register for trademark protection in China. There are three ways to do so: through a representative, through an agent, or directly at a Chinese national or regional trademark office. Registering directly at a Chinese national or regional trademark office is fastest and cheapest. However, if you don’t speak fluent Mandarin, you will likely want to use an agent instead. The best agents have years of experience with trademarks in China and can help guide you through all of the paperwork necessary to file your application successfully.
Once you have registered your trademark, be sure to maintain it by filing periodic renewal applications before expiration. Failing to renew could mean losing all legal protections afforded by registration—and that includes preventing others from registering a similar mark. If someone else does register a similar mark after yours has expired, they can legally block any attempt by you or anyone else to register it again in future. This process is called trademark squatting and it happens more often than many people realize.
The most common type of copyright protection is through registration with CIPA (China Intellectual Property Office). This will ensure your work enjoys legal protection.
A trademark can be registered with SAIC (State Administration for Industry & Commerce) or SIPO (State Intellectual Property Office) after you have completed examination and approval procedures. In addition to providing exclusive rights for your trademark, it also provides you with rights over its use in court if necessary. The most important thing when registering a trademark is making sure it has not been registered by another party first; otherwise you may face difficulties if you want to register it later on.
3) How do I protect my brand?
In your work, you are likely to produce some inventions and creations. If you have not registered them through copyright registration or patent registration with competent departments, you cannot enjoy their legal protection. So when creating something new, make sure it is intellectual property before releasing it to other parties for commercialization. This will enable you to set up a solid foundation for protecting your rights and interests.
Try to incorporate an effective copyright notice on all original works: Copyright is defined as a form of personal ownership that protects original works of authorship including literary, architectural and artistic works from being used by others without permission or compensation.
4) What to do if IP disputes arise?
After registering (or not), you should definitely keep your records – business contracts and anything else that may be needed later on when trying to prove your rights. Do not destroy anything! Business contracts between you and your distributor can be some of these important documents. Check with a local attorney before entering into such agreements as there are standard clauses that often appear in them. These clauses can have negative impacts on protecting your Intellectual Property Rights (IPR) in China.
If a dispute does arise, there are various ways to resolve it. One is through your local courts or trade organizations and those abroad if necessary. There are lots of examples, such as fair hearing before all members of Beijing Arbitration Commission and seek help from other departments (e.g., State Intellectual Property Office (SIPO) and National Copyright Administration). As an alternative, many foreign companies can solve their problems by going to local technology offices for consultation at any time. If you still have no solution after consultations with them, you may sue an infringer directly by yourself or apply for administrative assistance from SIPO. The most important thing is to make every effort when protecting your IPRs in China as once lost there is often no chance of recovering them again.
It’s always better to take precautions before it’s too late, such as finding a reliable production facility with their own IP protection zone. Shield Works is one of them. The facility also provides different types of IP protection services via the partnership with a leading IP industry expert in China. Feel free to contact us if interested in more!
IP Protection in China: 7 Steps to Take to Protect Your Intellectual Property
You’ve come up with a great idea for a product or a service, and you’re sure it’ll make a big splash in the market. You spend a lot of time developing it and are ready to unveil it only to discover that someone has beaten you to the punch. Unless you’ve invested in some kind of IP protection, there isn’t much you can do in response.
IP protection in China takes many forms, such as patenting or trademarking your property. The main reason to do so is to prevent other people from using your branding or claiming your product as their own.
Here are seven steps you can take to protect intellectual property in China and prevent idea theft.
1. Assess Risks vs Benefits
The very first step is to understand IP laws in China and assess your overall risk. For example, the Copyright Law of China considers the publication of a copyright owner’s work without permission as infringement. Authorities may impose fines and confiscate any illegal income as a result.
If you intend to do business in China, only transfer over IPs that are absolutely required. Retain newer designs and prototypes in your origin country to minimize the risk of theft.
Hire a qualified IP lawyer to review the terms and conditions of anything you license. Try to negotiate favorable royalty rates and retain ownership of any improvements made in the country.
2. Register Your IP in China
There is no such thing as an international copyright option for your intellectual property. If you’ve invested in copyright inside the United States, then it’s only good inside the United States. As such, those looking to move their IPs into China will need to register them there.
Without a trademark in China, there is little your company can do to prevent counterfeiting. Luckily, there is such thing as an international trademark you can apply for. However, a particular country will have to agree to register it after you apply through the U.S. Patent and Trademark Office (USPTO).
Keep in mind that trademarks must be used exactly in the way that you registered them. That means using the same logo and text as it was registered.
3. Use a Contract Manufacturer
Utilizing product assembly in China can reduce costs, improve your time to market, and increase overall customer satisfaction. However, you have to be careful who you choose to do your manufacturing.
A contract manufacturer doesn’t do the design of your products. They get the design files, validate them, and do the manufacturing. There’s little risk of them taking your ideas and running with them.
Meanwhile, a manufacturer who is in the same business as your company should be considered a competitor and treated as such. Don’t give them anything they can use for their own profit.
4. Sign an NDA
An additional measure you can take when dealing with a manufacturer is to have them sign a Non-Disclosure Agreement (NDA). An NDA is a binding contract that prevents the sharing of certain information with other parties. It also helps to distinguish what can be shared so the manufacturer can work more freely within the set boundaries.
Since an NDA is a civil contract, it doesn’t violate the law as with copyright and trademark violations. However, it does open up the other party to lawsuits from their employer and risks financial damage. As such, an NDA is an important method of intellectual property protection.
5. Identify and Categorize Your IP Assets
Moving your business into China doesn’t mean you need to register every single one of your intellectual properties. If you’re not using them, then it’ll only be a waste of time and money.
Identify your IP assets and categorize them according to the level of risk and value. Provide sufficient protection within your company and task your management team with protecting your company’s IP. Limit employee access to those who absolutely need it.
Two of the most important assets to protect are your designs and any trade secrets. If your product has a unique visual appearance, you can register the design. Trade secrets are protected throughout the use of NDAs or other written agreements.
6. Engage in Business Carefully
Even if you’ve obtained copyright, trademarked your product, and had your manufacturer sign an NDA, you still need to tread carefully. All suppliers, vendors, distributors, and so on are potential competitors.
It may be more convenient to have all your processes done under the same roof, but it also means giving them more power over your end product.
Design your manufacturing process to protect your IP. For example, you can manufacture all the different components at separate OEMs and assemble them back home at a trusted facility.
If you have a facility in China, do not allow visitors to record or document anything they see or hear.
7. Monitor for Infringement
There’s no point in having IP protection in China if you don’t keep an eye out for instances of infringement. Monitoring an IP overseas can prove challenging, especially if your company operates from the United States.
One way to monitor for trademark infringement is with an online search. Not only should you keep an eye out for anything similar to your trademark, but you can also find anything that may be confused for it. Google allows you to search for similar images, as well.
While you’re there, set up a Google alert for your trademark. Once done, you’ll get email notification reports whenever a new search result pops up using your trademark.
IP Protection in China Made Simple
Protecting your company’s intellectual properties is an important part of running a business in any country. IP protection in China is no different. Even if you’re only manufacturing certain products overseas, IP theft can cost your company a significant amount of time and money.
If you need a manufacturing company you can trust in the area, look no further. Shield Works is British-owned and managed in the heart of Zhuhai city. Contact us to learn more about our services and how we can help your business.
3 Tips for Protecting Your Intellectual Property in China
Many big corporations you can think of paid their dues when they first moved their manufacturing to China, a country that just had opened up to the modern world while blessed with a consumers market of 1.4 billion people. The dues included infringement on their IP rights. IP, back in the days, was still a very novel concept to the people in this country and consequently laws regarding its protection was not at all in place. Companies have learned the lesson the hard way by losing billions of dollars over knockoffs sold in a local market or some cheap commodities of bad quality in disguise of your brand with confusing spellings.
But the perks of manufacturing in China are undisputedly still very tempting compared with the risk of your IPR being violated. Does it mean it’s an either-or situation?
Not necessarily. Time has changed. China has changed. 40 years of economic development have made its mark on the progress of IPR protection, especially after China joined WTO with the promise of cracking down on IPR abuse. Despite the encouraging establishment of its IPR protection system, unfortunately, loopholes are seen and risks exist. Some self-help will still be needed on your end to protect your IPR when manufacturing in China.
Make good use of the system
The first thing you want to do is make sure you use a PCT (Patent Cooperation Treaty) country. This means that instead of having to file one application at home and then a separate application abroad, your patent will be applied for in an international system that covers all major countries including China. This eliminates additional costs when you are trying to secure patents abroad. In addition, it also improves your chances of being approved because one examiner reviews it rather than multiple examiners separately examining different applications in different countries.
Also just like in your native country, registration of your IP, including your trademarks and patents, is the legal foundation of protecting your IPR. Unlike many countries, China has adopted a file-to-file system as opposed to as a first-to-use system. So do it before you even start manufacturing there. China Trademark Office is not the only place you’ll need to register with. Don’t forget Chinese Customs. Your registration there will serve as the base for them to determine infringement and effectively block its export with adequate information provided, such as manufacturers and ports.
Keep a watchful eye
To make sure you understand what your intellectual property is—you may have a patent, trademark, or copyright without even realizing it. If you want to move forward with manufacturing in China, contact your lawyer to find out which of your pieces of intellectual property will be at risk and how you can protect them; having a legal agreement in place before you begin production will give you much more leverage than scrambling afterward.
Some extra help can be needed in terms of detecting possible infringement. Alibaba/Taobao, as the biggest e-commerce platform in China serving 1.4 billion people, cannot spare the chance of selling infringing products as much as they try. But correspondingly they have established takedown procedures in case you see anything abusing your IPR. If you are new to the market, you can even hire brand monitor service to help you monitor the internet for any possible infringement or even assist in takedowns.
Choose A Good Manufacturer
If you’re in China, finding a good manufacturer is going to be one of your primary challenges. Most manufacturers are new at dealing with IP issues, so they might not be receptive to your demands. In these cases, it’s probably best to shop elsewhere. This might not always be possible or desirable, but if you do have options it’s worth exploring them before deciding on a manufacturer. Once you find a reliable partner and have developed a working relationship with them, create an IPR protection plan that works for both of you.
Shield Works partners with Innopat a leading Zhuhai based IP industry expert to provide our clients with clear no-nonsense advice and IP protection services. We also have a seamlessly designed IP Protection Zone to ensure all your intellectual properties stay in our facility. What happens at SW, stays at SW.
Please feel free to send an inquiry today, should you have any questions.
Why Intellectual Property Protection is Important
Your business’s intellectual property (IP) is essential to your company. You invest a lot of money and resources in your employees and the assets of the business and their resulting creations. The biggest asset you have as a business is the mindset of your talent base, which holds significant business value for many years down the line.
Once your IP is open to the public, it’s easy for other people to copy it. This is why businesses should take intellectual property protection seriously. While you’re not obligated to consider the safety of your business’s IP, it could save you thousands of dollars and a significant amount of time in the future.
Unfortunately, most start-ups and mid-sized businesses often take IP protection for granted. Overlooking this aspect of your business will lead to significant regrets later.
Are you still unconvinced about the importance of intellectual property protection? Read below to understand more about intellectual property protection and why it is important:
What Is Intellectual Property?
IP refers to intangible assets such as ideas that are legally protected and owned by an individual or a company. The property is protected from external use and implementation without permission. An intangible asset is referred to as a non-physical asset that is owned by a person or a business.
The main concept behind intellectual property is that certain products of the human intellect should be legally protected and owned in the same way as physical properties. Most countries with developed economies have strict rules to protect these forms of property.
There are several types of intellectual property, including:
- Trade secrets
- Franchises
- Trademarks
- Copyrights
- Patents
Intellectual property is owned by the creator of the work, or by an individual deemed the owner. However, this can differ in certain circumstances where different types of intellectual property ownership are determined differently.
For example, if an idea comes from an employer, they become the owners of that IP. However, if it comes from an employee under contract, it can be registered under the employer. Keep in mind that IP ownership is transferable from one individual to another.
It Protects Your Exclusive Rights
IP protection gives your business exclusive rights within the jurisdiction where it’s registered. This means you will have the right to your design, brand name, and invention. The good news is that other people can’t directly benefit from your IP or reap any financial benefits from counterfeits of your brand.
IP protection also helps you protect your business from reputational damage, often caused by malicious people producing substandard products in your name. This gives your business the competitive edge it needs to compete with even major brands on the market.
It Prevents Other People from Using Your Goodwill and Branding
Crafting, protecting, and maintaining a great online and offline brand is a costly endeavor for most companies. Therefore, it’s essential to take the right steps to protect your brand and ensure it’s not at risk. Make sure you get started immediately when establishing your brand.
Most businesses often make the mistake of waiting until they have a larger budget to put in place IP protection. This is a mistake that could cost you thousands of dollars. This is because most of these businesses often forget about the process until someone else steals their IP.
The first step towards protecting your intellectual property is registering it. Ensure you register your trademark, invention, or design to protect your company’s unique identifiers. Through this, you will be taking active steps towards protecting your business’s distinct personality and discouraging other individuals from using it.
As such, if anyone tries to use your business’s registered IP, they will likely be infringing on your rights. This means you can sue them and claim intellectual property infringement.
Therefore, you can defend your company’s rights to use the IP and take the other party to court. You can even receive damages from the infringing party or a percentage of the profits they made in the infringement process.
It Adds Value to Your Property
Are you looking to stay ahead of the curve in the assembly and manufacturing industry? Then obtaining your IP rights is the first step to doing so. Securing your IP rights will proactively increase your company’s market share.
It can also help you win your customers’ loyalty by keeping them loyal to your brand. Your company logo, name, and the products or services you offer your clients are fundamental parts of your branding. This is what sets you apart from your competitors, making your business stand out.
Therefore, it’s essential to make sure your business uses these intangible assets to get ahead of the game by protecting them. Different intellectual properties and creations can be protected in varying ways. With the right advisors and team, it will be easy to efficiently protect your IP at each step of your business’s development stage.
Intellectual Property Protection Helps You Raise Money
Intellectual property protection can create a profit-generating asset for your company. This means you can raise money by selling your IP or licensing it.
When you own the intellectual property rights to a brand or a creation, you have the freedom to use it however you want. You can even transfer the rights to other companies or individuals. This can be an extra revenue stream for your business through earning royalties by licensing your IP or selling the rights to another individual.
Knowing how to fully take advantage of your IP is essential to protecting your IP. Some financial institutions highly regard IP rights, and they can be a form of security for numerous loans in some cases.
It Protects Business Growth
As a small business, it’s essential to protect your company’s unique services or products that you own. In some cases, competitors use other businesses’ success to take away a chunk of the market share. It results in reduced revenue and slow business growth.
Losing your market share early in the company’s development stage can be quite overwhelming and devastating. It’s also stressful and time-consuming to start chasing the guilty party if you don’t have any legal protection. This could result in losses and even business closure if not appropriately handled.
Keep in mind that no one else is responsible for checking if your IP has been infringed. You should always check to ensure that no one else in the market uses your assets to make a profit or discredit your brand. Even major companies have had to deal with IP infringement at some point in their development journey.
Protecting intellectual property is directly related to your business growth. It’s the only way to ensure that your business is protected throughout the development stages.
It Protects and Secures Your Business Ideas
When you have a unique and great idea for a service or product, there are always individuals who will try to duplicate and sell the idea as their own, making a profit in the process. Depending on your circumstances, you could use trademarks, copyrights, or patents to protect your ideas. All these are instrumental in covering different areas of intellectual property.
Without proper consent, IP protection can help you prevent your competitors or any other individual from making a profit from your ideas. This protection should apply to companies of all sizes.
We have all seen billion-dollar companies having their ideas infringed upon, which leads to costly lawsuits. A great example of this is the Samsung-Apple dispute about their smartphones.
IP Protection Is an Easy Process
While the intellectual property protection process may seem daunting, stressful, and time-consuming, it’s easier than most people think. Likewise, the time, effort, and resources you use to protect your IP are well worth it.
While it’s not feasible to protect the idea by itself, you can secure the processes and means by which you put your unique idea into operation. This is what you will protect using IP.
On the other hand, copyright doesn’t require any actual registration procedures. That’s because the protection is automatic and free. While copyright doesn’t protect your idea, it will cover how the concept is presented, for example, on flyers, websites, presentations, and brochures.
If you’re looking to protect your intellectual property by registering a design, applying for a patent, or trademark, you can do this through your local intellectual property office. You can do this on your own or with a solicitor.
Contact Us for Intellectual Property Protection Today
Do you have a company in China? If your company doesn’t file its patents, trademarks, or copyrights in China, the IP will have no formal protection. Contact us today at Shield Works for all your intellectual property protection needs in China.
We work with a top Zhuhai-based IP industry expert to offer our clients IP protection services to cover all their needs.
What is IPR Protection and How Does Shield Works Ensure This for Their Customers?
What is IPR and why is it a problem?
IPR stands for Intellectual Property Rights and here at Shield Works we make sure that this is protected at all costs. Here will explain why IPR is important. And how we have IP protection services to make sure your goods are protected from copy-cats.
It’s no secret that the key concern businesses have when considering whether to manufacture in China is the thought that their intellectual property (aka a lot of effort and hard work) will be stolen. A famous example of this was when Ford filed a lawsuit against the Chinese manufacturer JAC in 2012. For more details on this see the website referenced at the end of this blog.
However, as a British owned and managed company, we Shield Works are committed to protecting every aspect of your IP. Therefore, you no longer have to worry about the risk of copy-cat manufacturing. Because we provide an extensive range of services to ensure that your company maintains complete IPR.
How does IPR law work in china?
The laws follow that a company has no formal IP protection if it does not file its patents and trademarks in China.
A patent ‘registers a person’s invention and allows him or her to take legal action against any person who uses, makes, imports or sells that invention without permission’ (‘Patent’, Market Business News Glossary, 2019). Also, it is important to know that there are multiple types of patents. For example,design, inventions and utility model, copyrights and more.
How does Shield Works protect IPR?
In order to support you with full IP and patent protection, our team works in a way that is flexible to your requirements.
Shield Works partners with Innopat, a leading Zhuhai based IP industry expert. They are able to provide our clients with clear, no-nonsense advice and IP protection services. In addition, Innopat is a professional patent and trademark agency authorized by the National Intellectual Property Administration of the People’s Republic of China.
Since 2002, Innopat has been dedicated to the specialized practice of intellectual property law including patent, trademark and copyright law. The firm actively engages in the procurement, enforcement and litigation of intellectual property rights cooperating with foreign IP associates for international IP litigation and patent proceedings in every significant industrial country.
IP protection services we provide in Mainland China:
- Patent Application, Invalidation
- Patent Re-examination
- Public Opinion to Pending Patent Application
- Patent Bibliographic Change & Assignment
- Patent License & Assignment