Ensuring Sustained Benefits in the Cultural and Creative Industry in

China: Market and IP advice for EU SMEs

4 June 2013

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Snapshot: Helpdesk Free Services

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Enquiry Helpline

IP Guides & Newsletters E-learning &

Business Tools

Training Workshops & Live Webinars

Website & Blog

Today’s Speakers

Davide Follador Has been practicing IP law for more than 10 years. Advises EU companies on IP related issues in China, from pre-entry strategy to enforcement and contracts. In charge of China Desk of Franzosi dal Negro and Setti in Beijing.

E-mail: follador@franzosi.com

Direct Dial: +86 13466530421

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Agenda

Intellectual Property and the creative Industries

Trademarks, designs and Copyright

Your Enforcement Options

Typical IP issues: Case studies

Take Away Message/recommendations for EU SMEs

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Know before you go

Intellectual Property and the Creative Industries

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Original Creativity

Know how &

technology Goodwill

Origin of services

and goods

Why Professional Assistance is Important

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Counterfeits on the market

Counterfeits occasionally found

IP protection for SMEs in the Creative Industries in China: Check List

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Preliminary check on

which “intangible”

assets you export to

China together with

your

business/products

Protect by registering

in advance

Create IP awareness in

your sale people

Business meetings

and exchange of

information

Distributors promising

too high targets

Trade fairs and

presentations

Allowing

distributors/local

business partners

acquire your IP rights

Generic contracts Tolerate infringement

PREFERRED

CAUTION

AVOID

IP Rights for the Creative Industries

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Copyright

- Music & Literature - Advertising material - Website content - Project & Engineering

• The most effective and long term protection for key marketing tools as brands

• Long protection time

• Limited extent of protection (copy)

• Registration as primary evidence

• Full protection against copy and imitation

• Limited time of protection

Design

- Product shapes - Packaging

Trademark

- Brands - Patterns

Trademark Protection in China: Best Practice

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Trademark availability search helps you understand if the mark is available

The search must be complete, including Latin and Chinese characters Cover all the goods of immediate

and future interest.

One class, one application

Protect also the Chinese version or someone else will do it

Regularly watch the register

File opposition

Don’t tolerate registrations

Search

Application

Monitor

Trademark registration in China: the process

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Design Registration in China: the Process

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Copyright can protect…

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Music & Literature

Other graphic

features related

to product

appearance

COPYRIGHT REGISTRATION

Engineering Project &

Design

Copyright Registration in China: the Process

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Application

Substantial

examination

Granting

Introduction to work

- Date of creation and publication

- Author(s)

- Features description

- Sample

Official fees

Filing with National Copyright Office

Appointment of examiner

No novelty check

Three-four months No 0pposition Validity

Extent

of protection COPIES

Enforcement Options

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Administrative Court

Customs Criminal

CASE STUDY: Wanjing Soho v. Meiquan 22Century.

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Best Practice

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Registration Contracts Monitor Communicate

Take Away Messages

Know Before you Go: register your core IP

use NDAs

keep proper documentation

use a holistic approach with both legal and practical strategies

be vigilant

believe that it is possible to protect your IP in China

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Q &A

Upcoming webinar

Stay Tuned for our upcoming webinar for the

creative Industries part 2: publications, music,

film, software, online gaming

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Helpdesk Guide IP for the Creative Industries:

Check it out NOW!

To access all our publications click here

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The China IPR SME Helpdesk provides free, confidential, business-focused advice to European Small and Medium

Enterprises (SMEs) relating to IPR in China Helpdesk Enquiry Service – question@china-iprhelpdesk.eu

Training & Events

Materials

Online Services - www.china-iprhelpdesk.eu

For more information about our services and how the China IPR SME Helpdesk can add

value to SMEs, please contact: Telephone/Hotline: +86 (10) 8527 6922

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