China Intellectual Property -... | Buy

Summary

This book is really practical guide to protecting IP in china. It manages to provide a wealth of useful information presented in an interesting and user-friendly way. Whatever the extent of your experience in China, I'll bet you'll still learn something new, as I did! the checkpoints at the end of each chapter are particularly useful. - Rhonda Steele IPR protection in China is as challenging as it is confusing. Much of the debate is misdirected at whether there actually is protection, But the question to be asked should be one of "how" not "whether". Businesses have been longing for a practical guide that will enable them to navigate through the complex, dynamic and usually blurred field of IPR protection in this fast developing economy. this long-felt need is now fulfilled by Alan Adcock and Rebecca Or dish in this accomplished book. - S. Sam Li The sudden and rapid growth of china as an economic super-power has made it a magnet to foreign businesses. At the same time, it has impalement a wide-ranging and complex system of intellectual property laws and structures. Guidance on what the laws are and on the various routes by which they can be implemented is therefore essential. This book meets that need. It is comprehensive, clear and most of all, it is thoroughly pract5ical. it contains numerous references to real examples of problems as well as advice on successes and failures by those trading in this market. It should be read by all who want to trade in China while avoiding the pitfalls. - Professor Sir Hugh Laddie Companies entering the Chinese market have many things to do working in an unfamiliar environment with different laws and regulations. It is all to easy to forget to protect your intellectual property rights and even easier to think you can do this later when you are first exploring the China market. Written in an easy, readable style, this book contains invaluable advice from the authors who have long experience of operating in the world's most dynamic market. I recommend that you read this book before your first trip to China and don't forget the lessons provided in the book as you enter the market. - Ian Crawford "The Life and Death of IP in China" could be another name for this book but that would be a disservice. The book covers everything from when IP is a glint in the eye of its creators (R&D or brand creation) to how to avoid the loss of IP rights. Rebecca and Alan have brought their wealth of experience from the day-to-day handling of IP matters in China including case studies and practical tips which I wholeheartedly commend to readers. - Douglas Clark

Author Biography

Rebecca Ordish has over seven years of experience advising clients on intellectual property protection and commercialization strategies in Asia, the last three years spent on the ground in china. In addition to managing a regional licensing program for a multinational company, she has worked with companies in broad range of industries to set up IP protection, enforcement and commercialization programs. She is currently the Intellectual Property Counsel - Greater China for Diageo, the world's largest alcohol beverages company with brands such as Johnnie Walker Scotch whisky, Smirnoff Vodka, Guinness beer and Baileys Irish cream liqueur.

Alan Adcock has practiced intellectual property law for 10 years, all of which have been exclusively devoted to practice in china and Hong Kong. Formerly with Lovells in Hong Kong and then Rouse & Co. in Shanghai and Hong Kong, Alan's practice centers mostly on the commercial side with experience in IP due diligence, acquisitions, technology transfer and clinical trial work. Alan regularly contributes to journals such as China Business Review, Managing Intellectual Property, Global Intellectual Asset Management Report, Asialaw and E-commerce Law & Policy. Alan is regularly named by Asialaw as a leading lawyer in the field of intellectual property and serves on the Council of Advisors for the Gerson Lehrman Group for intellectual property matters.

Dispelling the myths, Acknowledging China's IP challenge
A short introduction to China's IP history
China's post- WTO IP transformation
the laws on paper
The reality
challenges on the ground
Entering the Chinese market
Choosing the right corporate vehicle to maximize your business advantage while guarding your company's "crown jewels" (its IP) -Setting up a local entity in China
the regulatory requirements; the benefits for shielding your IP from infringement
Joint ventures
why have a joint venture; how to capitalize on your business relationship while safeguarding your assets
Distribution relationships
the importance of choosing the right partner and training and monitoring them properly
maybe you don't need a presence in China
Acquisitions of IP/businesses
making sure you are getting what you are paying for
IP due diligence
Choosing the right partners
How to select your partner
NDA
when do you do this? Changing perception of Chinese infringing. What if you have no better options than the one partner?
Conducting due diligence on them first
Managing and developing the relationship to enable complete IP commercialization
Identifying your IP
What IP is your business sending to China? Why? Is it all necessary to send?
"Technology"
what is this and what do you mean? Understanding how to separate from IP
Register what you can
trade marks, copyright, designs, patents
Strategy to protect what you can't register
trade secrets, know-how
Creating an "IP evidence bank" to prepare for any litigation or challenges to your business' IP
Regulatory issues
Specific challenges in some industries which remain highly regulated
Education/training/coaching
Franchising
Media
Technology transfer
Pharmaceuticals
Branding
Localized branding
the importance of having a Chinese name
Creating a Chinese brand
translation or transliteration
Monitoring the market
Partners and employees and IP protection
Getting your house in order
setting up the best practice systems and manuals
Education of staff and partners
Managing the relationship with partners
Employees and IP management
On-going process for protection
protection for newly developed IP
Supply chain management and sourcing
What agreements should you have in place?
How much IP information should you give your suppliers?
Me Too-ing of products when you serve as sourcing agent? Training your sourcing agents how much can be copied?
Education and management of waste, moulds etc
Annual audits
use those provisions in your agreements
Types of IP infringements
Look-alikes
Counterfeits
Trade mark infringement and vexatious registration
Copyright infringement
Patent/design infringement
Trade secret infringement
Trading name issues
Domain name infringement
Portrait right
Preparing an IP enforcement strategy
Balancing the budget
how is the infringement affecting the bottom line
What are your company's objectives? Developing a holistic approach
Coalitions
are they useful?
Getting the right team in place
finding the right IP counsel
The enforcement toolbox
Mediation
Administrative action
People's Courts
civil action/forum shopping
Cr
Table of Contents provided by Publisher. All Rights Reserved.

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.