Counterfeiting and trade secret theft top IP concerns in China, say counsel
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

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

chinaevent1

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.

 





more from across site and ros bottom lb

More from across our site

Ireland joining the UPC would offer plenty of opportunities to local attorneys but there are fears that upcoming referendum could get ‘lost in the noise’
Attorneys at four firms reveal the business opportunities that stem from patent licensing agreements in the life sciences sector
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Counsel at four firms explain their lateral hiring policies and how they retain existing lawyers
Lori Gordon, who has joined from Perkins Coie, says she hopes to turn Goodwin into a 'premier' destination for PTAB work
The LMG Life Sciences Awards is thrilled to present the shortlist for the 2024 EMEA Awards.
Partners at LeanWill Law Firm, a newly launched domestic firm in China, discuss IP opportunities and which clients they plan to target
Each week Managing IP speaks to a different IP lawyer about their life and career
A survey of more than 25,000 in-house lawyers reveals that embracing technology could help law firms win new business
John Mulgrew, vice president of IP at Lenovo, says the EU's proposed regulation will readdress imbalances in the bargaining power of SEP owners and implementers
Gift this article