The most common concern for foreign companies is protecting their IP when manufacturing in China. Many foreign companies are working in China, and they have been having IP issues for a very long time. The Chinese concerned departments have worked a lot in creating a comprehensive legal framework to protect domestic and international IP.
Reports say that the IP rights are improving, but there are still many issues for protecting the IP of a foreign company. This article will tell you the four simple ways to protect your IP in China. So keep on reading…
Register Your IP Rights in China
If you are thinking of doing business in China, you need to protect your IP. The easiest way to protect your IP in China is by registering it as soon as you think of doing business here. If you do not register your IP in China, you are always in danger of your IP getting stolen. Many companies that are not registered in China or doing illegal production use IPs of different companies.
This is like you are paying the rent of property, and someone else is living there. So if you want to be safe and do not want your IP to be used by others or stolen, register your trademarks, copyrights, and patents in China.
People usually register their IP in the USA or UK while working in China. This does not provide you with any IP protection. To remain safe and protect your IP from theft, you need to register it in China. Registering in China is fast, inexpensive, and very easy. So, make sure that before you start the business, your IP is registered in China.
Use Contracts Specific To China
When you are working in China, it is very crucial to have your contracts in the country. This not only saves your IP but also saves your business trades as well. The most common contract used in China for the protection of IP is known as a NNN agreement. Where one N represents Non-use, the second N represents Non-disclosure, and the third N represents Non-circumvention.
This is generally termed as a China-specific version of NDA, where NDA stands for a Non-disclosure agreement. The best way to make your IP protective is by using a trademark attorney who has created similar contracts before and knows the Chinese IP rights as well.
A China-specific contract includes where and how a dispute will be resolved. China does not enforce judgments in foreign courts. This is why the contracts should state that the dispute is resolved in China. It makes the contract enforceable in China and thus reduces the risk of anyone breaching it.
Keep On Checking For Infringements
Companies registering their IP in China for doing business think there is no need to give it a second look once they have registered. Once you have registered your IP in China, it is your responsibility to check and monitor it constantly. The best way to ease your processes is to hire a lawyer familiar with the IP law of China.
The lawyer will help you protect your IP and let you know if you need to perform any takedowns. It is a great and cost-effective start to search for IP infringements. You can use any search engine like Google or Bing to search for images related to your product or service.
There is an online database where you can search for trademark registrations and applications.
Register Your IP With Chinese Customs
When you are working in China, and if your products or goods are sent out of the country, the Chinese customs authority has the authority to examine and seize those infringing goods leaving China. You can prevent this from happening by registering your IP rights with the General Administration of Customs in China. To register your IP with them, you need to submit an application that includes the following instructions:
Name of the company owner and registration place.
All information regarding the IP and the name of the IP.
Status of the license and the products on which the owner uses the IP.
The list includes the names of places where the owner imports and exports.
Protecting your IP in China is a hurdle. If you use these simple ways then, your IP will remain protected.