The Three Keys to Protecting Your IP in China
A new client the other day asked me what it should be doing to protect its IP in China and I asked whether they wanted the ten minute version or the ten day version. Fortunately for the both of us (and not surprisingly) they chose the ten minute version. The below is basically that.
I regularly speak on how to protect IP in China and my first PowerPoint slide for those talks is invariably the following:
The first of the three keys is having a good partner. Having a good partner matters for the simple reason that good, financially healthy Chinese companies are less likely to steal your IP because they have something to lose, both with you and generally. China’s economy is in a substantial downturn right now, especially its manufacturing economy, due in large part to the onslaught of US tariffs and US and EU duties being put on Chinese products. This means there are right now more Chinese companies today that are not good partners than yesterday and so finding a good partner just got tougher. See e.g. China Trademark Theft. It’s Baaaaaack in a Big Way.
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.
Source: https://www.chinalawblog.com/2019/06/the-three-keys-to-protecting-your-ip-in-china.html
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