Table of Contents
How do Chinese protect patents?
Top 5 Methods to Protect Your Intellectual Property in China
- Register your IP.
- Perform Takedowns on Chinese Websites.
- Register with Customs.
- Engage a Brand Monitoring Service.
- Monitor Chinese TM Filings.
Does China have fair use?
For example, China has no equivalent to the American doctrine of “fair use,” which stipulates that you can reproduce a copyrighted work without permission if it falls under a range of excepted categories, such as parody or educational materials.
Does China have intellectual property?
China has a complete legal system for the protection of intellectual property rights. China’s intellectual property law stipulates the legal responsibilities to be borne by anyone who violates the law, including civil liability, criminal liability and exposure to administrative sanctions.
Are foreign companies doing enough to enforce intellectual property rights in China?
In reality, foreign companies fare just as well in enforcing IP rights in trial as privately-owned Chinese firms. A 2016 study by Love, Helmers, and Eberhardt found that between 2006 and 2011, foreign companies brought over 10 percent of patent infringement cases in China and won over 70 percent of those cases.
How does China’s IP system affect foreign businesses?
For businesses that wish to break into the Chinese market, the country’s IP (intellectual property) system can be a major obstacle. Many foreign business owners don’t understand how this system works or what steps need to be taken in order to keep intellectual property secure.
Is it possible to conduct fair IP litigation in China?
Many companies have claimed that this makes it impossible to conduct fair IP litigation in China. Interestingly, Article 65 of China’s Civil Procedure Law stipulates, “The people’s court shall have the authority to obtain evidence from the relevant units or individuals, and such units or individuals may not refuse to provide evidence.”
Is China’s IPR regime effective?
However, over the past decade, China has become increasingly innovative and has demonstrated a serious resolve to enforce an effective IPR regime. Indeed, as Chinese firms focus on global expansion abroad and high-tech innovation at home, they have increasingly demanded effective IP protections from the government.