How to Protect Your Intellectual Property Rights in China？

Intellectual property (IP) protection is a longstanding and critical concern for companies operating in China. China has already made strides in recent years to improve IP protection as the government seeks to spur domestic Chinese innovation and improve the business environment for investment, such as revising its IP laws and establishing a new national IP appeals court. However, challenges remain, as counterfeiters and infringers are getting increasingly sophisticated. Companies are thus suggested to develop a comprehensive strategy to identify and protect their IP in China. This includes enhancing internal controls and making the best use of external resources.

IP registration in China

In China, IP is defined as a proprietary right enjoyed by a holder with respect to their works, inventions, trademarks, geographical indications, trade secrets, layout design of integrated circuits, new varieties of plants, etc. Among others, copyrights on works, patent rights on inventions, utility models, and designs, and trademark rights, are the most common IP rights. We summarize the registration matters for patent, copyright, and trademark here.

Set up a thorough internal IP protection system

Besides registration, businesses are also suggested to establish a thorough internal IP protection system, to adopt preventive measures to protect IP, and to confront IP infringements in business operations. Among others, the below strategies serve as good starting points:

• Provide training for all employees (especially those who have access to key IP information) to ensure their actions do not compromise the organization’s IP protection.
• Control and monitor employee’s access to key equipment and areas and limit the likelihood that any one employee has access to all the information needed to copy IP.
• Incorporate IP protection to facility design and business’s daily operational processes.
• Utilize technologies to track and protect IP.
• Be careful with business partners and include proper IP protection clauses in all contracts and agreements.
• Assign a specific team or personnel to focus on IP management, including integrating the IP related data and tracking the status of the IP protection.
• Actively monitor for infringement at industry trade shows and trade fairs, through IP publications, and on Internet.
• Monitor competitor’s IP status to see if there is any chance to take proactive defending actions.
• Assess the registration necessity in any country/region and get the registration started as early as possible.
• Take actions to fight against any infringement by competitors and/or any other participants of the target market.

We can provide the most updated information and professional services concerning IP protection, and we welcome anyone who is interested in the China market turn to reach out to us for getting more information. You may email us at China@dezshira.com.

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