IPR Protection
IPR Protection: Why Do You Need to be Smart about Your Ideas
Developing an invention that could potentially make you millions can be exciting, but it’s also important to realize the legal responsibilities involved. If you don’t know how to protect your idea, you risk losing it altogether, or at least never realizing its full potential because of an infringement.
Curious about intellectual property rights? Don’t know what an IPR is, or why it matters? It’s time to get yourself up to speed on this essential aspect of business that affects all inventors and entrepreneurs.
In this article, you’ll learn about the basics of IP protection when manufacturing in China, what it can mean for your business, and some ways to protect your ideas in the long run.
What Is Intellectual Property?
Intellectual Property (IP) is an umbrella term describing the set of intangible assets that are legally protected by a company or person from unpermitted use.
Intellectual property consists of different forms of assets, including trademarks, patents, and copyrights.
Trademarks
A trademark can be a word, phrase, symbol, design, or a combination of these elements that distinguish a specific item from the rest.
For example, the Coca-Cola Company has registered its Coca-Cola® trademark in both standard character format and special form formats.
Patents
A patent is an exclusive right granted for an invention, which could be a design, process, improvement, or physical invention such as a new machine.
For example, the patent for the personal computer was filed in 1980 by Steve Jobs and three other colleagues at Apple Inc.
Typically, there are three types of patents:
- Design patents
- Plant patents
- Utility patents
Copyrights
A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship.
A copyright protects an author’s right to reproduce the work, prepare derivative works, distribute copies, and perform and display the work publicly.
The most common copyrights include:
- Literary works
- Musical works
- Dramatic works
- Pictorial, graphic, and sculptural works
- Architectural works
What is IP Infringement & Why Should it Be Avoided?
Intellectual property infringement refers to the act of violating works that are protected by IP laws. This can happen in a manufacturing environment where the manufacturer copies the idea or design without permission from the original owner.
Nowadays, many overseas companies spare no effort to identify and protect intellectual property due to its high value in their businesses.
IP is essential for making sure that your hard work and creativity are credited to you. Having the satisfaction of knowing others use what you create makes it all worthwhile.
Not only does developing high-quality intellectual property take a substantial investment of time and intellect, but also requires an organization or individual to put in hours of work. It would be unfair for another party to access this knowledge without the consent of those who invested so much energy into its creation.
IP infringement can come in many forms, including unauthorized use, copying, reproduction, or distribution of materials protected by Intellectual Property Rights and counterfeiting products intended to mislead consumers.
So, protecting IP and avoiding IP infringement are serious matters.
How to Avoid IP Infringement When Manicuring in China?
Manufacturing products overseas can be challenging. When it comes to working with a manufacturing company in China, you need to take precautions to avoid any type of IP infringement. There are a few tips you can take to protect your invention from legal troubles.
1. IP Registration
IP rights are territorial rights, which are only applicable in the country or region where they are filed and granted by the law of that country or region.
If you manufacture your product in China (or anywhere outside of your home territory), which mentions or reflects your brand, then you must register that trademark locally even if you don’t plan on selling it there.
Registering for trademark protection can save your business from being ripped off and taken away. It protects your intellectual property rights because if you don’t do this somebody else will take advantage of the opportunity and steal your idea or design and produce them under a different name in China.
2. Confidentiality Agreements
The next necessary step is to sign an IP-protected agreement with your manufacturing factory to safeguard your confidential information.
In China, the most used contract is an NNN agreement, which means Non-disclosure, Non-use, and Non-circumvention.
Make sure the contract includes a confidentiality clause that prohibits your supplier from disclosing information about the product and its design or production process.
3. Intellectual Property Insurance
If the defense mentioned above doesn’t work, or you still have a great concern about your IP, then you can carry intellectual property infringement insurance in China.
However, such insurance is not widely used in China and is rarely covered by a standard business insurance policy, so it is not as effective as you think.
4. Work With a Reliable Manufacturing Supplier in China
It is essential that you are diligent and strategic with your intellectual property right protection so that your invention won’t be stolen or copied by someone else, which would prevent you from making money off it.
For this reason, it’s important to establish a strong IPR protection strategy from the beginning. Working with a reliable manufacturing supplier in China can help you protect your product design, production process, and ideas for new improvements or modifications.
If you’re looking for a company that has all your security needs covered, look no further than Shield Works. We are a British-owned and managed company that specializes in the high-quality and competitive rate of contract manufacturing and product assembly services. We follow a rigorous process to safeguard your IP with our 70,000-square-foot facility. Start your journey by reaching out today for more information and see how we will be able to make them worth every penny!
4 Things You Must Know about IP Protection in China If You’re Manufacturing There
China manufacturing has become much more popular in recent years, with the China being known as the ‘world’s factory’. However, while China manufacturing offers many benefits, it also comes with its own unique set of challenges, including intellectual property protection issues. For those considering manufacturing in China, here are four things you must know about IP protection in China if you’re manufacturing there to help you avoid potential legal issues down the road.
It’s Different When You Are Not From There
In any country, protecting your intellectual property (IPR) is difficult. It becomes even more complicated when you are dealing with a foreign jurisdiction like China, which has its own set of laws and customs that differ from your own. While no one wants to consider they might ever need to use IP protection methods, they can be an asset if you are faced with problems.
Before you seek legal help or pursue someone for violating your IP rights, remember that many IP cases fail because companies make basic mistakes; before taking action, it pays to know some of them. For example: Remember that you are a foreigner – Chinese laws should protect you against infringement, but don’t assume they will.
Having a backup plan is important because there is always a possibility that law enforcement may not assist you. Keep in mind who owns what – In China, registered trademarks are owned by the registrant rather than being assigned based on where products are sold. Due to this rule, you could lose ownership over your trademark simply by failing to register it properly. In addition to using multiple locations for manufacturing facilities and offices, Chinese businesses tend to utilize multiple forms of IP protection, such as patents, trademarks, and copyrights.
Trademark Registration in China
In order to fully protect your intellectual property (IP) rights, you must apply for trademark protection in China. There are three ways to do so: chinese national or regional trademark offices can be contacted directly, through a representative, an agent, or through a representative of an agent.
Direct registration is cheapest and fastest. If you don’t speak Chinese fluently, you will likely want to use an agent rather than trying to do this on your own. The best agents have years of experience filing trademarks in China and can walk you through the process.
Make sure your trademark is maintained by filing periodic renewal applications before its expiration. If you fail to renew, you risk losing all legal protections conferred by registration-including the right to prevent others from registering a similar mark. It is called trademark squatting when someone registers a trademark similar to yours after yours has expired. This process occurs frequently and is called trademark squatting.
Generally, copyright protection is achieved through registration with CIPA (China Intellectual Property Office). This ensures your work is protected legally.
Following completion of examination and approval procedures, trademarks can be registered with SAIC (State Administration for Industry & Commerce) or SIPO (State Intellectual Property Office). In addition to providing exclusive rights for your trademark, it also allows you to contest its use in court if necessary. If you wish to register a trademark, the most important thing is to make sure it hasn’t been registered by another party first; otherwise, you may face difficulties if you want to register it at a later date.
Brand Protection
When it comes to your creations, if you haven’t registered them through patent or copyright registration with qualified departments, you cannot take advantage of their legal protection. For instance, when developing something new, ensure it is registered intellectual property before distributing it to others for commercialization. This will allow you to lay the groundwork for future protection of your rights and interests.
Make sure you include an effective copyright notice on all of your original works. Copyright is defined as a form of personal ownership that protects original works of authorship including literary, architectural and artistic works from being used by others without permission or compensation.
What To Do with An IPR Dispute
You should definitely keep your records – things like your business contracts, licenses, registrations, licenses, licenses, you name it. You don’t want to destroy any records!
Check with a local attorney before signing agreements like these because they often have clauses that should be looked at beforehand. The clauses listed in this section may jeopardize Intellectual Property Rights in China.
When a dispute does arise, you can find a way to solve it by going to the police or foreign courts, among other choices. They are many instances, like going before the entire commission of Beijing Arbitration and seeking help from other departments such as SIPO and the National Copyright Administration.
Alternately, many foreign companies can solve their problems by going to the local technology offices for consultation at any time. One solution you may turn to after you consult with an infringer and find that it refuses to respond to the consultation is to take the infringer to court by yourself or to apply for help from SIPO. The most important thing is to be prepared with IPR protection before bringing the infringement to an end in China.
It’s better to prepare for the worst-case scenario, like if you found a company with a safe production facility and its own IP protection zone. Shield Works is just such a company. Different types of IP protection services are available, such as a partnership with a leading IP industry expert in China. If you want more information, you can always get in touch with us!
Protect Your IP When Manufacturing in China: Don’t Let Your Ideas Fall Into the Wrong Hands
Information is becoming accessible due to the easy distribution methods available, which makes safeguarding your intellectual property when manufacturing in China a challenge.
No matter what stage of business you’re in, protecting yourself from those who would steal your ideas should be the top priority for any entrepreneur out there.
So, let’s take a closer look at this hot-button issue and how we can learn to cope with it.
1. US IP Law Does Not Guarantee IP Protection In China
The United States has some of the strongest intellectual property rights (IPR) laws in the world. However, these laws do not guarantee IP protection in China.
You might have your trademarks, patents, and copyrights registered in the US, but this would provide you with no protection in China if there are any IP issues that happen.
So you have to be proactive about protecting yourself.
Try to address your IPR with your contract manufacturing partner in China at the very outset – for too many Western companies it wasn’t until they suffered consequences later that they realized their mistake.
2. Conduct Background Checks
The first step is to conduct a background check on the company and individuals you’re looking to partner with.
This will help you get a sense of their business practices and whether or not they’re reputable.
You can look it up online by yourself or ask for references from others who have used contract manufacturing services in China.
There are many IP theft stories online that people share about their experiences working with Chinese manufacturers, which could serve as a warning to you.
It’s important to understand that IP protection can vary significantly depending on where the manufacturer is located and what type of industry they work in, so don’t rely solely on one method to safeguard your intellectual property (IP).
3. Create A Confidential File
Before finalizing a manufacturing supplier, you have to create a list of confidential files with product details like drawings, descriptions, production plans, and prototype update records.
When you need to discuss the manufacturing process with your chosen contract manufacturer in China, avoid sending your original product drawings or product descriptions.
This is one of the easiest ways for someone in a manufacturing company to steal your intellectual property (IPR).
If you absolutely must, send digital copies that can’t be easily reproduced. You can also consider watermarking them or sending them as password-protected files.
Also, make sure you have added dates wherever possible because the first date of use is critical in IP matters.
4. Create Confidentiality Agreements
The next best thing would be to have a written IPR agreement with your manufacturing factory and any other partner companies involved in the process so that all parties are aware of how you want it handled from start to finish.
You have to sign an NNN agreement with your supplier, which means Non-disclosure, Non-use, and Non-circumvention. It is a legally binding contract between two parties in which one party agrees to protect the IP rights in China.
By having your partner sign NNNs, you can help protect your company’s confidential information.
Furthermore, make sure to review and inspect any agreements made with local manufacturers before signing. If you do have a dispute, they may only address it in the Chinese version of the document which could give them an unfair advantage over you.
5. Engage with the Chinese IP Regime
There is no such thing as international protection for your intellectual property.
If you think highly of your IP, make sure to protect it thoroughly. You need to get it protected in China by filing your patents, trademarks, and copyrights with local authorities such as:
- China National Intellectual Property Administration (CNIPA)
- Trademark Office of China National Intellectual Property Administration
- National Copyright Administration of the People’s Republic of China (NCAC)
- Ministry of Commerce, People’s Republic of China
Remember to research the relevant IP regulations in China because they may differ significantly from your home country. Also, remember to have everything properly translated into Chinese because only these translated versions will be held as valid.
Are You Looking For A Contract Manufacturer In China You Can Trust?
Registering your intellectual property in China and the United States does not always guarantee its protection. One thing to remember is that enforcement of these laws can be unpredictable or time-consuming.
Ultimately, it all depends on who you’re working with and the kind of relationship you’ve established, which means careful consideration needs to go into choosing a Chinese contract manufacturer if they’ll work intimately with your company over an extended period.
Once you’ve selected one, it’s imperative that both parties set up clear processes for protecting your intellectual property at every stage of production or else risk losing it entirely.
Now, if you are looking for a reliable and professional contracting manufacturer in China, try to work with us Shield Works.
Over time, we have developed a list of IP protective methods at our custom manufacturing and precision assembly facility that has proven 100% effective at preventing IP infringements.
- We have state-of-the-art fingerprint access secure production zones to protect your interests and provide full IP protection at the source of manufacture.
- We have legally binding NDAs with every external body that we may work with during the process of your assembly line to ensure this is protected.
- We partner with Innopat, a leading Zhuhai-based IP industry expert to provide our clients with clear, no-nonsense advice and IP protection services.
Shield Works is a British-owned and managed contract manufacturing company in the South China Greater Bay Area, providing complete custom manufacturing and precision assembly services for western companies who are fed up with poor product quality, lack of transparency, and are worried about the reliability and delivery time from their Chinese suppliers.
We attribute our success to the dedication and expertise of our engineering team who is highly qualified and experienced. With over 15,000 projects completed, we’ll provide you with tailored advice, based on your situation. Tell us about your project and get a quote!
Protect Your IP When Manufacturing in China: Don’t Let Your Ideas Fall Into the Wrong Hands
Information is becoming accessible due to the easy distribution methods available, which makes safeguarding your intellectual property when manufacturing in China a challenge.
No matter what stage of business you’re in, protecting yourself from those who would steal your ideas should be the top priority for any entrepreneur out there.
So, let’s take a closer look at this hot-button issue and how we can learn to cope with it.
1. US IP Law Does Not Guarantee IP Protection In China
The United States has some of the strongest intellectual property rights (IPR) laws in the world. However, these laws do not guarantee IP protection in China.
You might have your trademarks, patents, and copyrights registered in the US, but this would provide you with no protection in China if there are any IP issues happen.
So you have to be proactive about protecting yourself.
Try to address your IPR with your contract manufacturing partner in China at the very outset – for too many Western companies it wasn’t until they suffered consequences later that they realized their mistake.
2. Conduct Background Checks
The first step is to conduct a background check on the company and individuals you’re looking to partner with.
This will help you get a sense of their business practices and whether or not they’re reputable.
You can look it up online by yourself or ask for references from others who have used the contract manufacturing services in China.
There are many IP theft stories online that people share about their experiences working with Chinese manufacturers, which could serve as a warning to you.
It’s important to understand that IP protection can vary significantly depending on where the manufacturer is located and what type of industry they work in, so don’t rely solely on one method to safeguard your intellectual property (IP).
3. Create A Confidential File
Before finalizing a manufacturing supplier, you have to create a list of confidential files with product details like drawings, descriptions, production plans, and prototype update records.
When you need to discuss the manufacturing process with your chosen contract manufacturer in China, avoid sending your original product drawings or product descriptions.
This is one of the easiest ways for someone in the manufacturing company to steal your intellectual property (IPR).
If you absolutely must, send digital copies that can’t be easily reproduced. You can also consider watermarking them or sending them as password-protected files.
Also, make sure you have added dates wherever possible because the first date of use is critical in IP matters.
4. Create Confidentiality Agreements
The next best thing would be to have a written IPR agreement with your manufacturing factory and any other partner companies involved in the process so that all parties are aware of how you want it handled from start to finish.
You have to sign an NNN agreement with your supplier, which means Non-disclosure, Non-use, and Non-circumvention. It is a legally binding contract between two parties in which one party agrees to protect the IP rights in China.
By having your partner sign NNNs, you can help protect your company’s confidential information.
Furthermore, make sure to review and inspect any agreements made with local manufacturers before signing. If you do have a dispute, they may only address it in the Chinese version of the document which could give them an unfair advantage over you.
5. Engage with the Chinese IP Regime
There is no such thing as international protection for your intellectual property.
If you think highly of your IP, make sure to protect it thoroughly. You need to get it protected in China by filing your patents, trademarks, and copyrights with local authorities such as:
- China National Intellectual Property Administration (CNIPA)
- Trademark Office of China National Intellectual Property Administration
- National Copyright Administration of the People’s Republic of China (NCAC)
- Ministry of Commerce, People’s Republic of China
Remember to research the relevant IP regulations in China because they may differ significantly from your home country. Also, remember to have everything properly translated into Chinese because only these translated versions will be held as valid.
Are You Looking For A Contract Manufacturer In China You Can Trust?
Registering your intellectual property in China and the United States does not always guarantee its protection. One thing to remember is that enforcement of these laws can be unpredictable or time-consuming.
Ultimately, it all depends on who you’re working with and the kind of relationship you’ve established, which means careful consideration needs to go into choosing a Chinese contract manufacturer if they’ll work intimately with your company over an extended period.
Once you’ve selected one, it’s imperative that both parties set up clear processes for protecting your intellectual property at every stage of production or else risk losing it entirely.
Now, if you are looking for a reliable and professional contracting manufacturer in China, try to work with us Shield Works.
Over time, we have developed a list of IP protective methods at our custom manufacturing and precision assembly facility that has proven 100% effective at preventing IP infringements.
- We have state-of-the-art fingerprint access secure production zones to protect your interests and provide full IP protection at the source of manufacture.
- We have legally binding NDAs with every external body that we may work with during the process of your assembly line to ensure this is protected.
- We partner with Innopat, a leading Zhuhai-based IP industry expert to provide our clients with clear, no-nonsense advice and IP protection services.
Shield Works is a British-owned and managed contract manufacturing company in the South China Greater Bay Area, providing complete custom manufacturing and precision assembly services for western companies who are fed up with poor product quality, lack of transparency, and are worried about the reliability and delivery time from their Chinese suppliers.
We attribute our success to the dedication and expertise of our engineering team who is highly qualified and experienced. With over 15,000 projects completed, we’ll provide you with tailored advice, based on your situation. Tell us about your project and get a quote!
NNN Agreement: How To Protect Your Intellectual Property In China?
There are a lot of things you can do to proactively protect your intellectual property (IP) when you are outsourcing production into China.
The Chinese NNN agreement may be one of the most important parts of the overall picture.
If you want to hear about NNN agreements, you are in the right place.
In this article, you will learn what’s involved in an NNN agreement, why you need it, and how it can help your business succeed in China.
What is an NNN Agreement?
So, first thing first. You may want to know the definition of an NNN agreement especially if you are new to Chinese manufacturing.
NNN stands for non-disclosure, non-use, and non-circumvention. The three Ns include:
- Non-Disclosure: Don’t tell anyone
It means that the counterparty can’t disclose any confidential information you provide.
- Non-Use: Don’t use the information
This means that the counterparty can’t use your IP for any purposes other than for your benefit under the contract.
- Non-Circumvention: Don’t go around your back
It means your manufacturing contractor can’t circumvent you and sell to your customers directly, usually at a lower price.
An NNN Agreement is a type of confidentiality agreement used in business dealings with Chinese companies, particularly Chinese manufacturers.
An effective NNN agreement can be used to protect your confidentiality such as product details, drawings, marketing strategies, etc. when working with manufacturers directly in China.
It’s a Chinese equivalent to the western world’s Non-Disclosure Agreement (NDA).
Difference between An NDA Agreement and An NNN Agreement
A Non-Disclosure Agreement (NDA) focuses on protecting trade secrets in the US. while an NNN can be used to safeguard IP in China.
To be considered protectable property, a trade secret must stay a secret. As such, NDAs are typically aimed at preventing the disclosure of trade secrets to members of the public.
Therefore, an NDA agreement focuses narrowly on confidential information from being revealed to the public.
Typically, an NDA agreement is written in English, subject to U.S. law, and exclusively enforceable in a U.S. city and state.
The Advantages of a Chinese NNN Agreement
Whether you work with an existing Chinese manufacturer or looking for a new one, building and signing a legitimate contract will guarantee the safety of your company’s confidential information.
Here are some good reasons why you should sign up for an NNN agreement.
1. Protect Sensitive Information
The primary advantage of an NNN is that sensitive information about your company remains secure.
This could involve anything like proprietary data, patents, finances, negotiation terms—anything confidential.
Signing an NNN agreement is a method to protect private details from coming out publicly or being used by the manufacturer and their staff members.
2. Build Trust
Having confidentiality when writing and signing agreements between your company and your chosen manufacturing supplier lends trust to these types of negotiations, thereby deterring the possible theft of intellectual property.
You can also use this agreement to detail your expectations for the Chinese manufacturing process, including specifications for quality control and product safety.
3. Avoid Unapproved Subcontracting
Some overseas companies that outsource production to China discover that their manufacturing suppliers rely in turn on layers of subcontractors, without the buyer’s knowledge or approval.
With this contract in place, you can reduce or even eliminate the problems caused by unethical manufacturing suppliers who could steal your IP and pass it to their subcontractors.
A Step-By-Step Guide To Protect Your Intellectual Property in China
Keep a Close Eye on Your Manufacturer
Before working with a manufacturing company in China, it’s always a good idea to do due diligence. You should understand the tier of different suppliers and the transparency of every production stage.
When working with a reputable supplier, you still need to keep a close eye on their company updates by continuous monitoring.
Filing your IP Rights In China
Though you have your IPR registered in your country, you may not be protected by any foreign law or foreign judgments in China. Instead, the Chinese law and the Chinese court protect your right.
For overseas businesses engaging in import-export, they are suggested to file their IP information and register for trademark protection with relative authorities in China.
Sing An NNN Agreement
When partnering with a manufacturing company, make sure you have a well-drafted and properly executed NNN agreement that will help you protect your IP, and provide you with relief if the manufacturer breaches the agreement.
Choose A Reliable Manufacturing Partner
Finding a reliable manufacturer in China can be daunting and time-consuming. Shield Works can be your local manufacturing partner to safeguard your IP and meet your production expectations.
As a British-owned and managed company, Shield Works is committed to protecting every aspect of your IP without excessive costs and time.
Shield Works partners with Innopat, a leading Zhuhai-based IP industry expert, to provide you with clear IP protective manufacturing services in China. In addition, Innopat is a professional patent and trademark agency authorized by the National Intellectual Property Administration of the People’s Republic of China.
We also have our IP Protection flagship facility to conduct activities from manufacturing, and product assembly to quality inspection and warehousing.
In this case, you no longer have to worry about the risk of copy-cat manufacturing. Contact us to diss your project today!
IP Protection in China: 7 Steps to Take to Protect Your Intellectual Property
You’ve come up with a great idea for a product or a service, and you’re sure it’ll make a big splash in the market. You spend a lot of time developing it and are ready to unveil it only to discover that someone has beaten you to the punch. Unless you’ve invested in some kind of IP protection, there isn’t much you can do in response.
IP protection in China takes many forms, such as patenting or trademarking your property. The main reason to do so is to prevent other people from using your branding or claiming your product as their own.
Here are seven steps you can take to protect intellectual property in China and prevent idea theft.
1. Assess Risks vs Benefits
The very first step is to understand IP laws in China and assess your overall risk. For example, the Copyright Law of China considers the publication of a copyright owner’s work without permission as infringement. Authorities may impose fines and confiscate any illegal income as a result.
If you intend to do business in China, only transfer over IPs that are absolutely required. Retain newer designs and prototypes in your origin country to minimize the risk of theft.
Hire a qualified IP lawyer to review the terms and conditions of anything you license. Try to negotiate favorable royalty rates and retain ownership of any improvements made in the country.
2. Register Your IP in China
There is no such thing as an international copyright option for your intellectual property. If you’ve invested in copyright inside the United States, then it’s only good inside the United States. As such, those looking to move their IPs into China will need to register them there.
Without a trademark in China, there is little your company can do to prevent counterfeiting. Luckily, there is such thing as an international trademark you can apply for. However, a particular country will have to agree to register it after you apply through the U.S. Patent and Trademark Office (USPTO).
Keep in mind that trademarks must be used exactly in the way that you registered them. That means using the same logo and text as it was registered.
3. Use a Contract Manufacturer
Utilizing product assembly in China can reduce costs, improve your time to market, and increase overall customer satisfaction. However, you have to be careful who you choose to do your manufacturing.
A contract manufacturer doesn’t do the design of your products. They get the design files, validate them, and do the manufacturing. There’s little risk of them taking your ideas and running with them.
Meanwhile, a manufacturer who is in the same business as your company should be considered a competitor and treated as such. Don’t give them anything they can use for their own profit.
4. Sign an NDA
An additional measure you can take when dealing with a manufacturer is to have them sign a Non-Disclosure Agreement (NDA). An NDA is a binding contract that prevents the sharing of certain information with other parties. It also helps to distinguish what can be shared so the manufacturer can work more freely within the set boundaries.
Since an NDA is a civil contract, it doesn’t violate the law as with copyright and trademark violations. However, it does open up the other party to lawsuits from their employer and risks financial damage. As such, an NDA is an important method of intellectual property protection.
5. Identify and Categorize Your IP Assets
Moving your business into China doesn’t mean you need to register every single one of your intellectual properties. If you’re not using them, then it’ll only be a waste of time and money.
Identify your IP assets and categorize them according to the level of risk and value. Provide sufficient protection within your company and task your management team with protecting your company’s IP. Limit employee access to those who absolutely need it.
Two of the most important assets to protect are your designs and any trade secrets. If your product has a unique visual appearance, you can register the design. Trade secrets are protected throughout the use of NDAs or other written agreements.
6. Engage in Business Carefully
Even if you’ve obtained copyright, trademarked your product, and had your manufacturer sign an NDA, you still need to tread carefully. All suppliers, vendors, distributors, and so on are potential competitors.
It may be more convenient to have all your processes done under the same roof, but it also means giving them more power over your end product.
Design your manufacturing process to protect your IP. For example, you can manufacture all the different components at separate OEMs and assemble them back home at a trusted facility.
If you have a facility in China, do not allow visitors to record or document anything they see or hear.
7. Monitor for Infringement
There’s no point in having IP protection in China if you don’t keep an eye out for instances of infringement. Monitoring an IP overseas can prove challenging, especially if your company operates from the United States.
One way to monitor for trademark infringement is with an online search. Not only should you keep an eye out for anything similar to your trademark, but you can also find anything that may be confused for it. Google allows you to search for similar images, as well.
While you’re there, set up a Google alert for your trademark. Once done, you’ll get email notification reports whenever a new search result pops up using your trademark.
IP Protection in China Made Simple
Protecting your company’s intellectual properties is an important part of running a business in any country. IP protection in China is no different. Even if you’re only manufacturing certain products overseas, IP theft can cost your company a significant amount of time and money.
If you need a manufacturing company you can trust in the area, look no further. Shield Works is British-owned and managed in the heart of Zhuhai city. Contact us to learn more about our services and how we can help your business.
What is IPR Protection and how does Shield Works ensure this for their customers?
What is IPR and why is it a problem?
IPR stands for Intellectual Property Rights and here at Shield Works we make sure that this is protected at all costs. Here will explain why IPR is important. And how we have IP protection services to make sure your goods are protected from copy-cats.
It’s no secret that the key concern businesses have when considering whether to manufacture in China is the thought that their intellectual property (aka a lot of effort and hard work) will be stolen. A famous example of this was when Ford filed a lawsuit against the Chinese manufacturer JAC in 2012. For more details on this see the website referenced at the end of this blog.
However, as a British owned and managed company, we Shield Works are committed to protecting every aspect of your IP. Therefore, you no longer have to worry about the risk of copy-cat manufacturing. Because we provide an extensive range of services to ensure that your company maintains complete IPR.
How does IPR law work in china?
The laws follow that a company has no formal IP protection if it does not file its patents and trademarks in China.
A patent ‘registers a person’s invention and allows him or her to take legal action against any person who uses, makes, imports or sells that invention without permission’ (‘Patent’, Market Business News Glossary, 2019). Also, it is important to know that there are multiple types of patents. For example,design, inventions and utility model, copyrights and more.
How does Shield Works protect IPR?
In order to support you with full IP and patent protection, our team works in a way that is flexible to your requirements.
Shield Works partners with Innopat, a leading Zhuhai based IP industry expert. They are able to provide our clients with clear, no-nonsense advice and IP protection services. In addition, Innopat is a professional patent and trademark agency authorized by the National Intellectual Property Administration of the People’s Republic of China.
Since 2002, Innopat has been dedicated to the specialized practice of intellectual property law including patent, trademark and copyright law. The firm actively engages in the procurement, enforcement and litigation of intellectual property rights cooperating with foreign IP associates for international IP litigation and patent proceedings in every significant industrial country.
IP protection services we provide in Mainland China:
- Patent Application, Invalidation
- Patent Re-examination
- Public Opinion to Pending Patent Application
- Patent Bibliographic Change & Assignment
- Patent License & Assignment