IPR Protection Strategies in Asia for the Clean-tech sector Simon Cheetham China IPR SME Helpdesk Team Leader

Transcription

1 IPR Protection Strategies in Asia for the Clean-tech sector Simon Cheetham China IPR SME Helpdesk Team Leader 26 February

2 Today s speaker Simon Cheetham Simon Cheetham is the Team Leader of the China IPR SME Helpdesk. He is a China IPR Enforcement expert with over 30 years' experience in commercial investigations, due diligence and IPR enforcement in China and internationally. He has lived and worked in China and South-East Asia for over 17 years. He is also the Managing Director of ERINYES INTERNATIONAL LTD, a firm he founded to capitalise on his extensive experience of international investigations, loss prevention and enforcement work. He manages and directs the operations of the Company from Europe to the Far East. 26 February

3 Presentation outline: China IPR & Clean-tech business Challenges Strategy Checklist Insights from SMEs China IPR SME Helpdesk Free Services Feedback/Questions/Discussion 26 February

4 IPR in China IP protection relatively new concept Evolving IP laws undergoing refinement Bad faith registrations recognition Copyright awareness Trade Fairs take care! Patents enshrined in 5 year plan IPR laws maturing? 26 February

5 IPR in China Trademark Copyright Software Patent Confidential Information IC layout design New plant varieties Domain names, trade names Invention Utility Model Design Trade Secrets 26 February

6 Drive for Innovation 26 February

7 Challenges - IPR in China No discovery Documentary evidence Difficulty proving damages - inadequate damages High burdens of proof, discretionary burden shifting Difficulty enforcing judgments Courts reluctant to make inferences so hard to enforce complex and process patents 5 February

8 It s about business not IP No easy solutions to protecting IP Have a medium- to long-term IP strategy Investors expect IP protection Develop a useful patent portfolio suitable for your business objectives Process or complex patents less easier to enforce Utility models and designs, use them, but do not rely on them Prepare your technology for transfer ( black box, compartmentalize, register patents, invest in know-how and confidential information security systems) Use NDAs consistently Watch your employees closely 26 February

9 Finding the right partner Precautionary measures: Patents Minimised technical information release Pre-agreement References and due diligence Speak to other licensors/vendors A good, tight agreement & clearly defined the territory 26 February

10 China IPR SME Helpdesk: Insights from EU SMEs in China Video Case studies and insights brought to you by: China IPR SME Helpdesk China IPR SME Helpdesk Channel 26 February

11 China and ASEAN IPR SME Helpdesks Enquiry Helplines Websites & Blog Training Workshops & Live Webinars E-learning & Business Tools IP Guides & Newsletters 26 February

12 Enquiry Helpline IPR one-to-one consultations: , telephone, face-to-face First-line advice on China and ASEAN countries IPR matters Confidential Delivered by China and ASEAN IPR specialists Available for EU SMEs and SME intermediaries +86 (10) February

13 Social Media: Stay Connected Follow us on social media for latest news and developments on IP issues in China and South-East Asia, as well as project activities e.g. events, webinars, new guides. ASEAN Helpdesk China Helpdesk Fan page: ASEAN IPR SME Helpdesk' Fan page: 'China IPR Profile: ASEAN IPR SME February

14 The China IPR SME Helpdesk provides free, confidential, business-focused advice to European Small and Medium Enterprises (SMEs) relating to China IPR. Feedback Questions Discussion 26 February

15 Thank you Both the China IPR SME Helpdesk and ASEAN IPR SME Helpdesk provide free, confidential, business-focused advice relating to China IPR to European Small and Medium Enterprises (SMEs). Helpdesk Enquiry Service / Training & Events Materials Online Services - / For more information please contact the Helpdesks: Room 900, Beijing Sunflower Tower No. 37 Maizidian Street Chaoyang District Beijing , P.R. China Hotline number: +86 (10) February