IPR Protection for EU SMEs in
The Automotive Industry
Maarten Roos
17 December 2012
17 December 2012
Welcome to the webinar
Philippe Healey
China IPR SME Helpdesk Project Manager
17 December 2012
Webinar interaction tools
Hide control panel here
Turn on full screen here
Raise your hand here
Send the IP expert a question here
Webinar 24 hour technical support
number: http://support.gotomeeting.com
‘Contact Us’ section
17 December 2012
The China IPR SME Helpdesk
The China IPR SME Helpdesk provides free, confidential, business-focused advice
relating to China IPR to European Small and Medium Enterprises (SMEs).
Helpdesk Enquiry Service – question@china-iprhelpdesk.eu
Training & Events
Materials
Online Services - www.china-iprhelpdesk.eu
Fan page: 'China IPR SME Helpdesk'
@iprchina
'China IPR'
17 December 2012
Today’s Speaker
•
•
•
•
Name: Maarten Roos
Firm: R&P China Lawyers
Location: Shanghai, China
Email: roos@rplawyers.com
Maarten Roos is Managing Director of R&P China Lawyers, a PRC law firm
under foreign management. For over 10 years, he has been advising and
representing Western companies with business interests in China, mainly
relating to investment projects, corporate and commercial transactions,
IPR protection, employment issues, and dispute resolution.
17 December 2012
Agenda
• Introduction: Today’s Objectives
• IP Rights for the Automotive Industry
– Trademark
– Inventions (and utility models)
– Trade Secrets
• Enforcement of IP Rights in China
–
–
–
–
Cease & Desist Letters
Administrative Actions
Civil Lawsuits
Criminal Prosecution
• Q&A
17 December 2012
Poll 1
What is your primary business
activity in China?
A.
B.
C.
D.
Manufacturing
Distribution
My business isn’t in China yet!
Other
17 December 2012
Introduction
• To Foreign companies with Chinese subsidiaries
• To Foreign companies that export to China
– What kind of IP rights are prevalent in the
automotive industry?
– What kind of enforcement mechanisms are available
in China?
17 December 2012
Poll 2
Which is most true of your business and
its intellectual property in China?
A. My business is in China and I HAVE
registered my IP
B. My business is in China and I have NOT
registered my IP
C. My business isn’t in China yet but I HAVE
registered my IP there
D. My business isn’t in China yet and I have
NOT registered my IP there
17 December 2012
IP Rights: Trade marks
• Trade marks are important
– Competitors using your brand name
– Counterfeiters (e.g. in the spare parts market)
– “Businessman” who register your trade mark first
Remember: China applies the first-to-file principle,
so be the first to file your trademark
17 December 2012
IP Rights: Inventions
• Invention patents can protect technologies
– Patents applied in China or internationally (but…)
– Novel, inventive and practically applicable
– Patents result in publication
– Substantive Examination: takes a while
• Utility model
– Fast but limited protection
17 December 2012
IP Rights: Trade Secrets
• Physical protection (don’t give away all)
• Protection under Unfair Competition Law
– Business or technical information
– Unknown to the public
– Actual or potential value
– Suitable measures in place to
protect
• Contractual protection
– Non-disclosure terms with employees, agents,
suppliers, customers
17 December 2012
Poll 3
Have your intellectual property
rights been infringed in China?
A. Not as far as I know
B. No, I monitor the market for infringing
actions
C. Yes, and I have taken enforcement actions
D. Yes, and I have not taken enforcement
actions
17 December 2012
IP Enforcement: 4 Steps
• Establishing IP Rights
– Usually: You have them or you don’t
• Gathering information on infringements
– More knowledge = more effective strategy
• Preparing for action
– Determine targets
– Choose lawyers
– Prepare IP Certificates, Powers of Attorney etc.
17 December 2012
IP Enforcement: Actions
• Cease & Desist Letter
• Government (Administrative) Action
– AIC / SIPO
– Customs (for TMs)
– Trade Fair (for TMs)
• Civil Lawsuit
• Criminal Prosecution
17 December 2012
Key Messages for SMEs
Right now (before it’s too late…)
• Identify what IP is important to you
• Register relevant trade marks and patents
• Protect confidential information / trade secrets
And when you encounter infringers…
• Collect information
• Consider the full range of IP enforcement actions
17 December 2012
Q&A
•
•
•
•
Name: Maarten Roos
Firm: R&P China Lawyers
Location: Shanghai, China
Email: roos@rplawyers.com
Maarten Roos is Managing Director of R&P China Lawyers, a PRC law firm
under foreign management. For over 10 years, he has been advising and
representing Western companies with business interests in China, mainly
relating to investment projects, corporate and commercial transactions, IPR
protection, employment issues, and dispute resolution.
17 December 2012
Helpdesk Guides:
To access all our publications click here
17 December 2012
Upcoming Helpdesk Events
Save the dates of our upcoming events:
Upcoming Training Events in China:
• 24 January, Beijing: Using Contracts to Protect your Business in China
Upcoming Training Events in Europe:
• 14 January, Munich: Aviation Industry IP Seminar
• 30 January, Cologne: Intellectual Property Rights Protection in China
Upcoming Webinars:
• 17 January: IP Protection for Businesses from the ICT Industry
FOR MORE INFORMATION ON THESE EVENTS
CLICK HERE
17 December 2012
Merry Christmas and a Happy
New Year!
17 December 2012
Thank you
The China IPR SME Helpdesk provides free, confidential, business-focused advice
relating to China IPR to European Small and Medium Enterprises (SMEs).
Helpdesk Enquiry Service – question@china-iprhelpdesk.eu
Training & Events
Materials
Online Services - www.china-iprhelpdesk.eu
For more information please contact the Helpdesk:
Room 900, Beijing Sunflower Tower
No. 37 Maizidian Street
Chaoyang District
Beijing 100125, P.R. China
Hotline number: +86 (10) 6462 0892
17 December 2012