Welcome to China-Proper Protection for ideas at last?
By: Emma Peart
China has recently offered more protection through Patents. It has offered protection in Patents since 1985 but has recently began to take the issue more seriously. China’s new legislation in relation to Patent Law came into force on 1st October 2009 with corresponding implementing regulations issued in February 2010. This can only be seen as a good thing for those wanting to protect their ideas internationally.
Indeed China is outrightly trying to ensure Patent protection in China to international companies with an idea to protect there. Examples of this include recently a German company receiving a reward for infringement of its design for a bus, and a British company managing to protect its design for a heating element of a kettle.
Europe has attempted to work with China in the aim to secure not just patents but intellectual property rights generally there in line with its recent updated legislation, and to entice the Chinese to protect their ideas in Europe. The EU-China IPR2 Project is publishing a series of guides for companies seeking practical advice on how to protect their IP rights. For those in Europe wishing to obtain secure Intellectual Property Rights in China, it is hoped the guidelines provide a clear summary of the Chinese regulations. The guidelines are split into manageable areas such as “Customs Enforcement in China“, “Trademark Protection in China“, “Copyright Protection in China” and “IP Protection at Trade Fairs in Europe.” Of prominence is the “Patent Protection in China” guide providing what is hoped to be a clear overview of the new Chinese patent system. For those in China whishing to protect right in Europe, guides such as “ How to Register and Protect a Community Design Roadmap” and “How to Register and Protect a Community Trademark” should aid in giving not just an overview of the European Patent system but Intellectual Property protection in general.
There is also the hope that the new legislation will encourage ideas in China , with people and businesses knowing that ideas can be protected through Patent protection. Furthermore there are also incentives for new ideas being protected in a commercial sense. Corporate income tax can be cut from 25% to 15% for firms that file many patents. They are also more likely to win lucrative government contracts. Many companies therefore offer incentives to their employees to come up with patentable ideas.
All in all, this can only surely improve China’s dealings commercially if it is seen to protect international ideas in China and encourage internal companies to patent ideas internally and in Europe with its help in producing clear guidelines for securing intellectual property rights in China and to those in China wanting to secure their intellectual property rights in Europe.
