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中国企业海外维权网于2014年由中外法律专家组建,其法律专家团队大多数具有欧美法学硕士或博士学位,他们或在中国境内从事涉外律师工作,或在海外著名律师事务所从事诉讼与非诉讼业务。

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How do foreign companies escort the Chinese market with intellectual property?

How do foreign companies escort the Chinese market with intellectual property?

Since the implementation of reform and opening up in China, therapid development of the economy and the huge preferential policies of foreignpolicies have attracted many overseas companies to invest in China.In this process, how to makefull use of China's intellectual property system to protect its own marketexpansion activities has attracted the attention of more and more overseascompanies.

1.The risk of intellectual property

Overseas companies should fully consider the risks they facebefore opening up the Chinese market,especially potential intellectual property risks,It mainly includes thefollowing three aspects.

(1)Not effectively protected.

Overseas companies will face enormous risks if they rush toChina to develop their markets without prior intellectual property rights inChina.Productsthat have not been protected by Chinese intellectual property rights areimitated or counterfeited,companies will have no complaintsbecause they have no right to rely on,which will definitely bring significant economic losses to thecompany.

(2)BeInfringed and be counterfeited

Overseas companies should guard against infringement andcounterfeit products before they open up the Chinese market,Operators of infringing andcounterfeit products often try to confuse consumers through multiple means toachieve the purpose of obtaining illegal benefits.Regardless of the appearance of infringing and counterfeitproducts, as long as they are bought by consumers, it will bring manyundesirable effects to the company.

(3)Invading the rights of others

Before opening up the Chinese market, overseas companies shouldalso pay attention to avoiding the products produced and sold infringing on theintellectual property rights of others.If the product has the possibility of infringing theintellectual property rights of others, it is a potential risk before theproduct goes on the market,Once the product enters the market, the potential risk becomes areal danger immediately,at thistime, companies will face multiple problems such as losing market share andpaying huge compensation.

2.The strategy of intellectual property

Targeting the above possible intellectual property risks,Overseas companies shoulddevelop and adopt corresponding strategies to conduct risk aversion and assetoperations on the basis of familiarity with China's intellectual property legalsystem.

(1)Apply / register in time

After the establishment of the Chinese market has beenestablished, overseas companies should first pay attention to the timelyapplication of the core results of their research and development in China forpatent protection, and the product categories and similar categories covered bytheir products are registered trademarks in China.

By applying for patents in a timely manner, overseas companiescan lay out a strict patent protection network for their own research anddevelopment results;By registering trademarks in a timely manner, consumers can beguaranteed the choice of overseas companies' output, thereby avoiding the riskthat products can be claimed without being imitated or counterfeited.

(2)Conducting rights protection

When knowing or discovering that their intellectual propertyrights have been infringed or products are being counterfeited, overseascompanies can take appropriate measures to defend their rights and defendagainst Chinese intellectual property laws,which  includsfiling a lawsuit in the people's court, requesting the intellectual propertyadministrative department to handle it, and reconciling with the allegedinfringement and counterfeiting subject.

By defending against rights, overseas companies can clean up themarket, recover losses, and avoid or mitigate the loss of profits and potentialliability risks caused by the existence of infringing and counterfeit products.

(3)Risk assessment in advance

Overseas companies can evaluate the risk of infringement of allthe technologies involved in their products before they open up the Chinesemarket.Judgingwhether there is any infringement risk in the company's products by searchingwhether there are patent applications or patents in the same technical field inChina,ifthere is a risk of infringement, then a circumvention plan and countermeasuresthat can be taken when it cannot be circumvented.

By assessing the risk of infringement, various countermeasuresand programs can be formulated in advance to prevent overseas companies frombringing products suspected of infringing on the intellectual property rightsof others into the market and falling into the alleged predicament.

(4)Tracking competitors

In the process of opening up the Chinese market, overseascompanies should always pay attention to the situation of their actual orpotential competitors.

Through the tracking and analysis of competitors' intellectualproperty status, it can help the company to more fully understand the strategicintentions, technical status, market operation, technical cooperation andtechnology licensing of competitors in different countries and regions,whichbeneficial to overseas companies to grasp the market competition situationearly and plan a reasonable market competition strategy.

(5)The analysis of patent

Patent analysis refers to the collection of patent informationfrom patent documents, processing, collating and analyzing patent informationthrough scientific methods that translate into comprehensive and predictivecompetitive intelligence to provide reference for companies.

Overseas companies can provide evidence for technical researchand development, technical cooperation, and investment decision-making throughanalysis of patent information in related industries and technology fields.

(6)Cultivate well-known trademarks

   A well-known trademark refers to a trademarkthat is widely known to the relevant public in China and enjoys a highreputation.Overseascompanies can expand their influence by cultivating well-known trademarks.

  By cultivating and recognizing well-knowntrademarks, the intellectual property protection acquired by overseas companiescan be extended not only to different and similar products,but also possible to combatmalicious cybersquatting for the same or similar trademarks of the company'swell-known trademarks over a longer period of time.

(7)Seeking permission to transfer

  Corporate intellectual property is part ofcorporate assets,In addition to improving production efficiency by itself, youcan also obtain economic benefits through licensing and other business methods.

After careful evaluation of the balance, overseas companies canmaximize their value by licensing or transferring intellectual property such aspatents and trademarks,which promote a virtuous circle of intangible assets ofenterprises and bring good economic benefits to enterprises.


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