In all countries, it’s important to protect your copyrights if you produce or sell something that can potentially be copied by a competitor. It is especially important to be vigilant when entering a market like the Chinese market, where copyrights work a little differently. Your business shouldn’t lose opportunities or market shares because of a misunderstanding.
Why do you need patents?
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. A patent protects the invention and the owner of the patent and that protection means that the invention cannot be commercially made, used, distributed, or sold without the patent.
The EU China SME Helpdesk provides a range of publications and guides on intellectual property (IP) related to China. The publications provide a range of expert-written guides that assist businesses in understanding the IP landscape in China, on how to patent different types of products, and explain the difference between patenting in Europe and China.
What do you do when you need a patent?
Claus Marcussen, European Trademark and Design Attorney with IHCD member and law firm AWA Denmark, says about China, “It’s important to notice that IPRs are territorial. That means if you’re applying for an IP in Denmark or Europe you won’t have the rights in China. So always remember to apply for an IP in the countries that are relevant to your business – especially if your product is an innovative solution.”