Maarten Roos著
IPに占有権を維持するためには、組織に継続的だった保護を保証するメカニズムがなければならない。
まず、誰かは登録されていたIPの権利が妥当性を維持することを保障しなければならない。 商標は10年間一度に登録されている、従って登録はそのような妥当性の期間の終りの前に延長べきである。 そうする失敗は商標にすべての占有権の損失で起因する。 ドメイン・ネームは登録し安く、易いしかし維持料金は支払済でなければならない。 許可されたパテントにおよび設計に10年(設計および実用的なモデルパテントのために)または提出日からの20年の非拡張可能な妥当性が(発明のために)ある、継続的だった妥当性を保障するために年金は毎年支払われなければならない。 「保護の残りを対読みなさい。 施行: 中国あなたのIPRの作戦をどこで始めるか。 部IIは」またはコメントを掲示する
Maarten Roos著
中国の偽造の継続的だった普及は法律のただの問題、施行のまた1つでありではない。 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
By Alexander de Nerée
A drawback of my, in itself interesting profession, is that I encounter a lot of lying in my daily work. Contrary to popular believe it is not so much the lawyers that do the lying. Although I have to admit lawyers are generally not easily persuaded to part with information, let alone the truth, I prefer to think of what we do as skilful editing of the information to fit a certain version of the truth. No harm in that. That is what lawyers are paid to do.
But in order to edit the information, you will have to obtain the information first. And that is not as easy as it may sound. First there is the filter of the client’s hurt feelings that makes it difficult to obtain any relevant information. In its strong believe of the correctness and the fairness of its own position, the client filters out anything that appears to be in its disadvantage.
“They never complained about the quality of our products and now, out of the bleu, they want their money back and claim damages! That is unreasonable.” In itself this is a good point which could legally be relevant but not if Read the rest of “Lying” or post a comment
“Private label products or services are typically those manufactured or provided by one company for offer under another company’s brand.” –Wikipedia. This is the name of the game for China and for the most part, the products you buy here in the United States are not really manufactured by the name on the label. In some instances most of the big box or clothing stores you frequent have an inventory almost entirely made up of their own products under their own brand or multiple unaffiliated brands. This is not just a game for the big boys, this can be accomplished with…
By Alexander de Neree
Besides the human tragedy, there has always been a certain irony in the fact that the communist system has never been able to achieve its main goal: to bring prosperity to the masses.
More specifically in China, there first where the farmers that did not particularly benefited from the revolution that was undertaken in their name. And now, much to Beijing’s chagrin one imagines, one scandal after another regarding the maltreatment of workers hits the international press circuit.
But, help is underway. Starting January 1, 2008, the new labour contract law will come in force in China. Surprisingly it has many characteristics of the Dutch system which will give rise to some alarm among employers familiar with the Dutch system. Read the rest of “Workers’ paradise” or post a comment
 |  |  |  |  |  |  |
 |  |  |  |  |
