InternationalUSRemember you can easily switch between MIP US and MIP International at any time

Counterfeiting and trade secret theft top IP concerns in China, say counsel



Karry Lai, Hong Kong


In-house counsel in China, including from General Motors and Sanofi, discuss domestic market trends and predictions ahead of Managing IP’s Global IP & Innovation Summit 2019, which takes place in Shanghai in June

china-globe-300

What are the key IP issues that you face?

Bruce Wang, Asia Pacific IP counsel, Kimberly-Clark

Both IP clearance (including patent and trademark clearances) and anti-counterfeiting /anti-copycatting are the key IP issues I am confronted with.

Victor Shao, head of product security, Sanofi

Anti-counterfeiting is most important for my work but I believe trademark infringement issues are also important.

Vincent Yu, counsel (Asia IP), General Motors

There has been lots of trademark squatting in China. The Trademark Law does not mandate a streamlined process to deal with squatting. For example, if we want to challenge a squatting trademark, we have to file a cancellation or invalidation against it and at the same time we need to file our own trademark application. But the reviewing processes of cancellation/invalidation and application have different timelines and this makes it difficult for authentic trademark owners to secure registration.

On the patent side, software patents now dominate many sectors, including the automotive industry. The key IP issue is how we are going to protect software-related technology. This is quite challenging because we come across patentability issues all the time.

Bo Tian, senior IP counsel for Asia Pacific, Ingersoll Rand

Trade secret theft.

Yide Ma, president, Zhongguancun Intellectual Property Strategy Research Institute

The quality of IP rights and how to improve the quality of them is the first issue. The second is how to promote the industrialisation and commercialisation of IP rights to promote human technological progress and benefit mankind.

What do you think will be the biggest challenge for your market in the next 12 months?

Bruce Wang, Kimberly-Clark

Effectively combatting counterfeiters and copycats will be the biggest challenge.

Victor Shao, Sanofi

One is China’s pharmaceutical policy, which will influence the whole industry; the second is counterfeiting.

Bo Tian, senior IP counsel for Asia Pacific, Ingersoll Rand

How to maintain and explore more markets through IP.

Yide Ma, Zhongguancun Intellectual Property Strategy Research Institute

Unilateralism and trade protectionism, or anti-globalisation populism.

In which IP areas do you foresee the biggest growth in China and Asia?

Bruce Wang, Kimberly-Clark

For China, I think the number of IP enforcement cases will continue to grow as the government tries to further improve and strengthen IP protection nationwide.

Victor Shao, Sanofi

For the pharmaceutical industry, creative new medicines will be important.

Vincent Yu, counsel (Asia IP), General Motors

IP related to data and software.

Bo Tian, senior IP counsel for Asia Pacific, Ingersoll Rand

IP litigation and damages in addition to traditional IP filings.

Yide Ma, Zhongguancun Intellectual Property Strategy Research Institute

In terms of the contribution rate of patents to the market and the driving force of technological progress, the field of high and new technology. E-commerce has grown the fastest.

Which new regulations are following most?

Bruce Wang, Kimberly-Clark

The new Chinese Patent Law, the new Chinese Patent Examination Guidelines, the new Anti-unfair Competition Law, and the Chinese E-Commerce Law.

Victor Shao, Sanofi

The E-Commerce Law, which will influence online anti-counterfeiting stakeholders like Alibaba, Tencent and logistics companies. 

Yide Ma, Zhongguancun Intellectual Property Strategy Research Institute

A complete law on business secrets, which will become an effective law to drive enterprises to research and develop and gain competitive advantage.

What has been the biggest progress made in IP in China over the past 12 months?

Bruce Wang, Kimberly-Clark

The government has made a lot of effort to improve and strengthen IP protection in China, and has made commitments to improve quality of patent examination.

Victor Shao, Sanofi

The whole country, especially the senior leadership, is paying much more attention to IP protection which is helping with the situation.

Vincent Yu, counsel (Asia IP), General Motors

Trademark development, both in terms of the application process (suppressing trademark squatting), and enforcement. 

Bo Tian, senior IP counsel for Asia Pacific, Ingersoll Rand

IP regulations related to foreign companies.

Yide Ma, Zhongguancun Intellectual Property Strategy Research Institute

China's top officials attach great importance to IP rights, emphasising their importance at various conferences and meetings. China is also speeding up the revision and legislation of IP rights. China's practical approach to IP rights has attracted worldwide attention.

For more information on the Global IP & Innovation Summit 2019, including the agenda and speaker line-up, click here or contact one of the Managing IP team.

 


Comments






More from the Managing IP blog


null null null

nullnullnull

null

May / June 2019

From trademarks to trade secrets: in-house tips on brand protection in China

Despite the well-known struggles in protecting trademarks and trade secrets in China, there are some tried-and-tested strategies to employ, as Karry Lai and Ellie Mertens hear from in-house counsel at a range of domestic and international companies



Most read articles

Supplements