presentation by nikolaj juhl hansen - ehversheds
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Intellectual Property Rights in Hong Kong and ChinaTRANSCRIPT
Intellectual Property Rights in Hong Kong & China
Nikolaj Juhl Hansen, Adrian Toutoungi, Sian Lewis, Eversheds LLP4 September 2012
UK and Ireland1. London2. Ipswich3. Cambridge4. Cardiff5. Birmingham6. Nottingham7. Manchester8. Leeds9. Newcastle10. Dublin11. Edinburgh
Mainland Europe12. Paris13. Brussels14. Copenhagen15. Stockholm16. Warsaw
36. Johannesburg37. Amman38. Baghdad39. Riyadh40. Doha41. Abu Dhabi42. Dubai43. Singapore44. Hong Kong45. Shanghai
17. Munich18. Vienna19. Budapest20. Rome21. Milan22. Madrid23. Tallinn24. Riga25. Vilnius26. Bratislava27. Prague 28. Berne29. Zurich30. Amsterdam31. Rotterdam32. Geneva33. Ostrava34. Hamburg35. Bucharest
Worldwide
Eversheds in Copenhagen
• Only major international law firm with a Danish office• 20 lawyers• Corporate, M&A, commercial contracts, employment, tax, bank and
finance, data protection, fraud and anti-bribery, IPR, competition and regulatory
• Advising international companies in Denmark and Danish companies abroad including 50% of the C20
• China IPR and other legal experience include:– Registration of trademarks in China for a number of Danish clients– Advising Lundbeck on its establishment of an R&D centre in Shanghai– Advising a major Danish pharma company on regulatory issues in
relation to building of new production site– Advising Hong Kong listed AAC Acoustic Technologies on its acquisition
of Kaleido Technologies, a very innovative and IP heavy Danish company in one of the biggest Chinese investments into Denmark to date
•Hot topics – IP cases making headlines
•Hong Kong – a gateway to China
•The IP landscape in China•Practical steps to take
What we will cover
Recent IP cases making headlines
Recent IP cases making headlines
Why use Hong Kong as a springboard into China?
• Language• CEPA• Legal landscape
The legal landscape in China and issues to be aware of
• Is it worth protecting IP in China?• Technology transfer – avoid inadvertently giving
away your IP• Do your homework to avoid infringing a third
party’s IP
New Chinese rules concerning patent marking (1 May 2012)• No obligation on patent
holders to mark their products
• Rules if you do decide to mark your patented products:– state clearly in Chinese the type
of patent (e.g. invention patent, utility model, design patent)
– state the PRC patent number– be sure not to include any
information that could mislead the reader
• Fines-up to RMB 200,000
Case study – infringement of a design patent
• Patented design:
• Alleged infringing design:
Case study – infringement of a trade mark
• Registered trade mark: NIVEA
• Alleged infringing trade mark: NIYEA
Practical steps to take before doing business in China• Protect your IP from the outset:
- conduct FTO/clearance searches - register IP that can be registered- take measure to protect non-registered IP rights such as trade secrets- obtain non-disclosure agreements from potential partners before disclosing commercially sensitive information- consider dividing manufacture of products between several manufacturers
Practical steps to take before doing business in China
• Partners – do your due diligence• Engage local counsel and specialist IP agents
Questions?
Nikolaj Juhl HansenPartner, EvershedsDirect dial: +45 3375 0507Email: [email protected]
Adrian ToutoungiPartner, EvershedsDirect dial: +44 (0)845 497 3831 Email: [email protected]
Sian LewisAssociate, EvershedsDirect dial: +852 2186 3205Email: [email protected]
© EVERSHEDS LLP 2012. Eversheds LLP is a limited liability partnership.