VDMA Shanghai IPR Seminar – Guidelines to effectively protect IPR in China
The VDMA Shanghai Seminar on “Intellectual Property Rights (IPR) – How do you register and protect IPR effectively in China? Learn from a legal perspective and from practical cases in mechanical engineering”, sponsored by the speaker FTI Consulting, took place on the 1st September 2016.
According to statistics of the VDMA Study Product Piracy 2016, China still is the number one location in product piracy. Therefore, it is necessary to be aware of the importance of registering IPR in China and to know how to do so effectively. After registering IPR, it is also necessary to know how to protect IPR on international trade fairs in China. The knowledge about which necessary documents need to be prepared for which trade fair in order to close down a booth of exhibitors violating any IPR is essential. The seminar showed which problems are often faced in China by manufacturing companies and gave respective examples by showing practical case studies to the participants.
Mr. Jan-Michael Hähnel, Foreign Legal Consultant of Burkardt & Partner Rechtsanwälte showed in his presentation “What to register and how to enforce at a trade fair” that there are effective legal ways to protect IPR at trade fairs, but IPR has to be properly registered in China. Preparation is the key because if there is a hint of doubt, enforcement at the trade fair most likely will fail. It is also highly recommended to get professional help because they know what the local enforcement staff most likely will ask.
Mr. Ewen Turner, Director Global Risk and Investigations of FTI Consulting shared his experiences on “Brand Protection – challenges and solutions in the Chinese market”. Mr. Turner made clear that the legal environment in China is challenging. He also showed practical cases where it is shown how necessary it is to understand clearly the size and complexity of the problem and to target the right key players instead of an unlimited amount of small infringers. His company usually works closely with legal advisors to tackle the issues of IP and trade secrets theft in China.
During the Q&A, the participants discussed - among other issues - about the novelty question of inventions, the recommendation to register both utility models and patents and the question from which point on the collection of evidence is considered as industrial espionage. The event proved that IPR still remains a topic of high importance for foreign companies in the Chinese market.
Bildquelle : VDMA Shanghai Office