Mantendo seu Portfolio do IP

Por Maarten Roos 

Para manter as direitas exclusivas ao IP, uma organização deve ter os mecanismos no lugar para garantir a proteção continuada.

Primeiramente de tudo, alguém deve assegurar-se de que as direitas registadas do IP mantenham sua validez. As marcas registradas são registadas por 10 anos de cada vez, assim os registos devem ser prolongados antes do ending de tal período da validez. A falha fazer assim resultará na perda de todas as direitas exclusivas à marca registrada. Os nomes do domínio são baratos e fáceis registar, mas uma taxa da manutenção deve ser paga. As patentes e os projetos concedidos terão uma validez non-telescópica de 10 anos (para patentes do projeto e do modelo de serviço público) ou de 20 anos (para a invenção) da data de arquivamento, mas um annuity deve ser pagado todos os anos para assegurar a validez continuada. Leia o descanso da “proteção contra Enforcement: Onde começar sua estratégia de China IPR? A parte II” ou afixa um comentário

By Maarten Roos

The continued pervasiveness of counterfeiting in China is not only a problem of law, but also one of enforcement. While China’s laws and regulations conform to the agreement on trade-related aspects of intellectual property rights (TRIPS) and other widely accepted international principles, certain parts of China’s protection mechanism have proven ineffective. Common examples are the high standards for criminal liability of counterfeiters, the high burden of evidence to prove bad faith registrations, and the difficulty to prove damages in civil proceedings. On the other hand, it is abundantly clear that the police, administrative authorities and courts often lack the resources, the knowledge or the determination to effectively combat infringements.

China’s own continuing development, and to a lesser extent international pressure, will gradually lead to improvements on the above issues, but this is not a process individual intellectual property (IP) owners can influence. Read the rest of “Protection vs. Enforcement: Where to start your China IPR Strategy? Part I” or post a comment

Having a meaningful footprint in China has become a strategic imperative for multinational companies from around the world. The attraction is China’s seemingly insatiable demand for products, services, capital and technology. George D. Martin, partner and chair of the Faegre & Benson China Practice, sees the current acquisition boom in China as the logical culmination of foreign investment trends that he first observed when practicing in Shanghai in the mid-1990s. Martin expects this M&A trend to continue. But in the years to come, he advises, it won’t be just foreign companies on the buy-side of cross-border M&A deals involving China.

Read the rest of “Dealmaking in China: Getting In on the Action” or post a comment >>

Sourcing to China can be cost effective, but if something goes wrong, it could have a dramatic effect on your bottom line — and negatively impact customer opinion of your business. Can we trust domestic producers and distributors to control quality with fervor equal to their pursuit of low wages? Cheap labor is the easy part; the quality thing is a much tougher nut to crack.

Read the rest of “Is Sourcing in China Safe?” or post a comment >>

By Rebecca A. Morgan

Sourcing to China can be cost effective, but if something goes wrong, it could have a dramatic effect on your bottom line — and negatively impact customer opinion of your business. Can we trust domestic producers and distributors to control quality with fervor equal to their pursuit of low wages? Cheap labor is the easy part; the quality thing is a much tougher nut to crack.A product recall is a very visible and expensive sign of a serious quality problem. The life threatening potential of some problems long ago led American government and producers to develop recall and reverse distribution systems.

For the most part we’ve become good at figuring out which product is at risk, where it went, and executing the recall process with limited harm to life. But lately faith in American product-based businesses has been shaken by the apparent lack of due diligence in assuring low-wage Chinese suppliers meet the same standards as our own. Read the rest of “Is Sourcing in China Safe?” or post a comment