A China Film and TV Toolkit

Protection of IP is an ongoing concern for foreign businesses with projects or investments in the entertainment business in China. Many foreigners mistakenly believe their intellectual property cannot be protected at all in China so they overlook or disregard the protections available to them under Chinese law. In response to these concerns and beliefs, the UK Government, the British Film Institute and the Producers Alliance for Cinema & Television (PACT) recently collaborated to prepare a new UK-China Film & TV Toolkit.

The Toolkit includes a template, special-purpose non-disclosure agreement for use by UK film and TV businesses when dealing with their Chinese partners. Also included are detailed explanatory notes guiding UK businesses on the applicable principles of confidentiality, copyright and trademarks under PRC law. The template NDA forming part of the Toolkit was prepared according to PRC law and practice and is bilingual. It is hoped that the Toolkit will allow its users to avoid common pitfalls, including those arising from inappropriate choices of law and jurisdiction.

In liaison with Tom Duke, the UK’s Intellectual Property Attaché to China, our China entertainment law team represented the UK Government, the BFI and PACT on the project and prepared the NDA and the explanatory notes making up the Toolkit.

Intended users of the Toolkit include creative companies, producers, sales companies, VFX houses, and service providers such as film studios and consultants operating in the UK film or TV industries. The Toolkit is intended to assist these businesses to protect themselves when they disclose creative materials or commercial information, especially during the initial phase of negotiations during which an appropriate deal structure needs to be worked out. In general the Toolkit will encourage creative collaboration and openness in business dealings.

Among other things, the Toolkit covers the following:

• How China’s confidentiality and trade secret laws differ from those of common law jurisdictions such as the US and the UK
• The basic requirements for protecting trade secrets in China
• The limits to protection and how protection can be lost
• Why contracts with Chinese parties should always be bilingual
• Why Chinese law and jurisdiction should be chosen in most instances
• How protection under an NDA should be supplemented by trademark and copyright registrations in China

Baroness Neville-Rolfe, the UK’s Minister of State for Energy and Intellectual Property, has been visiting  China this week. The visit program has included high level bilateral meetings, policy exchanges and external stakeholder events. The visit will culminate in The UK-China IP Symposium in Beijing on Friday August 26th. The Symposium marks the 20th year of UK Intellectual Property Office cooperation with China’s State Intellectual Property Office (SIPO). As the flagship UK-China IP event, the Symposium will be co-hosted by Commissioner Shen Changyu of SIPO and Baroness Neville-Rolfe.

The Toolkit will be launched officially at the Symposium. I will introduce the Toolkit in a special session of the Symposium and explain how it will help protect intellectual property and encourage creative collaboration. There will also be sessions on promoting innovation through patents and designs and on the UK’s IP enforcement strategy to 2020. To reserve a place at the Symposium please contact [email protected].

For further information about the Toolkit please contact the BFI or PACT.

We will be discussing the practical aspects of Chinese law and how it impacts business there. We will be telling you what works and what does not and what you as a businessperson can do to use the law to your advantage. Our aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.