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MIP China International IP Forum 2014- OVERVIEW

June 12, 2014 | Sheraton Beijing Dongcheng Hotel
2014年6月12日 | 北京金隅喜来登酒店

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With China’s economy still rising at an unprecedented level, more and more companies start to move up the production ladder, realising the necessity, full potential and high value of intellectual property. Protecting innovation from competitors is crucial to maintain a strong market presence and licensing your innovation can become a great new source of revenue.

MIP’s annual China-International IP Forum followed it’s ever growing successes of the previous four years and is designed in particular to suit the business needs of Chinese corporate counsel. This forum consisted of a series of panels which are carefully tailored to the needs of our Chinese corporate audience, providing optimum guidance on how to manage IP in and outside of China. Thus, in-house IP counsel were given thorough, up-to-date information and advice on filing patents, patent monetisation, IP litigation and securing IP protection in China, Europe and the USA.

Intellectual property is crucial to China’s economic rise and the China International IP Forum is positioned as a key contributor of information and thought-sharing to the Chinese IP community. As in previous years, Managing IP were working with international and local associations and IP offices to ensure the event is an unprecedented success. In addition to the event partners, cooperation also included SIPO, EPO, WIPO, OHIM, JPO, USPTO and the EU.

Scroll down to see the KEY TAKEWAYS

IP enforcement in China

  • China patent office underwent major change over the last years
  • IP enforcement is not yet up to international standard, but the government makes every effort to strengthen IP enforcement

Industry focus: High tech, electronics and software patenting outside China

  • IP never was more important than today. In 1995 18% of assets were intangible, and 82% tangible. In 2010, 80% of assets were intangible, and only 20% tangible
  • Corporate value increases significantly with successful IP enforcement, which is especially valuable when it comes to M&A

How cross-border patent and trade secret litigation may affect Chinese companies

  • Make sure judges don't think you just start litigation to get information on competitor’s trade secrets
  • If you lack hard evidence, courts also accept inference - but it must be very solid

Standard essential patent litigation: A case study involving Huawei and InterDigital

  • Standard setting organizations become more and more influential by setting precedence which in turn is used by judges in the courts
  • There will be much fewer disputes over the next years, as the industry adapts to FRAND and courts offer interpretations by deciding on cases

IP evaluation

  • IP evaluation compares your IP portfolio with a competitor, or with the general market
  • IP evaluations creates patent data, which in turn is a key to make smart and well informed business decisions


  • In China, the new trademark law only protects the registrar; prior use is not helpful if you don't have a proper TM registration
  • However, prior use can prohibit TM applications if you act in time
  • Most importantly, do register your TM in China

Alternative IP strategies in Europe

  • Limit yourself to a few countries to save significant costs when applying for patents
  • Population density in Europe highest in Europe and the UK – register here first to get the most value for your money

Strategies for successful patent prosecution

  • Following the R&D phase, analyse filing data of the last 10-15 years
  • Use this information to put together a report, which in turn informs the business decisions you have to make
  • Discuss your findings with your business manager, technical expert, IP counsel, and marketing – all these teams have to be involved before you make a decision on your IP

Life science focus

  • In China, you need to spend more resources to get same protection scope as in Europe or US
  • Data requirements are different in different countries, which will lead to different costs for patent protection in those countries for the same invention


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