Let`s remember what we`ve learned about intellectual property protection in China.
- China cares about patent protection
- Intellectual property can be protected
- Arm yourself with the knowledge to make sure everything will be good.
Today, we continue our previous article.
What are the practical ways to protect your intellectual property in China?
Have legal support and lawyers who are familiar with international law
Since China is a country where you will find everything you need, it won`t be a problem to find legal support that will ensure you protect all the time. At first sight, it seems like that. In practice, a good law firm in China is not only a lawyer who knows the law of his country, but also one who has the breadth of knowledge and understanding for business law differences in and outside China.
What exactly does this mean?
In the beginning, a law firm will shorten your path and alert you to the possibility of confusion, caused by not only business as such but also from a lack of knowledge of business practices in China, which are the heart of the business. A good lawyer knows both – your a and international law and is there to help you to understand and deal with your Chinese partners.
Perform Due Diligence
Another reason why it is important to have trustworthy legal support is due diligence. This is a business quality check and history of your Chinese partner that you are considering to start a business with. A good lawyer team will do this part for you and warn you in advance about possible obstacles and risks. The core of doing business in China is to reduce risk at all costs, especially when it is about protecting intellectual rights. A properly done ‘partner investigation’ will save both time and money for the long – term.
Study production contracts carefully
” Now we will sit down and won`t get up from here until you are able to answer all the questions I will ask you about the contract. ” – Our lawyer told us when we were going through our first production contract.
Along the way, he explained to us the importance of each word in that contract, what the risks are and how to protect our business, in a way to reduce the risks. From communication management to delivery, all processes must be properly completed to minimize the risks.
Whether you are a lawyer or not, before signing any document relating to the product protection, read as many times as necessary to understand each comma in the contracts.
Consider applying for a patent in China
You should keep in mind that patents that are registered outside China don`t mean much in China. However, in some cases, it is worth considering the possibility of applying for a product patent in China. Of course, it should consider that it takes more than a year for the patenting process, so this tactic makes sense if preparations have started timely.
Educate your own team
Prepare your team for doing business with China and ways of sharing information. This is very important if your team didn`t have much experience in working with China. Set clear rules for sharing information and instruct the team about confidential and sensitive information. Remember, China will not forgive the mistakes and lack of information.
Consult the competent authorities in China
In order to meet this point, it is important to have a team on-the-spot, who will be in contact with the relevant institutions and will continuously monitor changes in Chinese legislation that are important to protect intellectual property. Institutions in China works 24/7, and the law is changing daily. You need to be prepared to follow the changes and adapt in time.
Intellectual Property Protection Office in China is your first stop.
“Impossible but feasible” is what you need to keep in mind while you`re considering to protect intellectual Property right in China.
When you think about it, if you`ll have any questions that you can`t answer, do not hesitate to contact us.