China intellectual property: challenges and solutions : an essential business guide

A practical guide to intellectual asset management and protection in China. It is no secret that intellectual property protection in China is a challenge. This book explores the realities of protecting IP in this developing market through interviews and case studies with companies who've been through the gauntlet. It also gives practical checklists and suggestions for IP management to make the most of the opportunities of doing business with China. INDICE: Part 1 - Dispelling the myths, Acknowledging China's IP challenge a) A short introduction to China's IP history b) China's post- WTO IP transformation - the laws on paper c) The reality - challenges on the ground Part 2 - Entering the Chinese market a) 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 gettingwhat you are paying for - IP due diligence b) 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 c) 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 d) Regulatory issues - Specific challenges in some industries which remain highly regulated - Education/training/coaching - Franchising - Media - Technology transfer - Pharmaceuticals e) Branding - Localized branding - the importance of having a Chinese name - Creating a Chinese brand - translation or transliteration Part 3 - Monitoring the market a) Partners and employees and IP protection - Getting your house in order - setting up the best practice systemsand 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 b) 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 c) 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 d) 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 e)The enforcement toolbox - Mediation - Administrative action - People's Courts- civil action/forum shopping - Criminal action - Customs - stopping import and export of infringing products - Contract breach - Trade fairs - how to monitor and control the middlemen - Landlord cases - holding landlords liable for infringements - TM cancellation - recovering a mark registered by another party - Other regulatory options - Building up strong relationships with the authorities - does it help and how do you do it? - Product liability/public safety/product recall - Hong Kong as venue for creative enforcement Part 4 - Lobbyingfor change a) Government level b) Role of Chambers of Commerce and other industry bodies, e.g. QBPC c) Individual lobbying through contacts d) Training judges, officials, SIPO Part 5 - The world's factory - Sourcing from China - ‘TheMountains are High and the Emperor is far away’ - how to minimize the IP risks with manufacturing in China - Manufacturing in China - what are the IP risksand how can you avoid them? Part 6 - R&D Centers - From the world's factory to the world's lab - Can this be done? - Proliferation of collaborative and independent research & development centers in China - Clinical trial environment in China - choosing the best sites and investigators Part 7 - Sports and IP inChina - the Olympic influence - The Olympic dream - to leave a positive IP legacy - Platform for changing cultural mindsets - Sponsorship - how does it work in China?

• ISBN: 978-0-470-82275-3
• Editorial: John Wiley & Sons
• Encuadernacion: Cartoné
• Páginas: 320
• Fecha Publicación: 30/03/2008
• Nº Volúmenes: 1
• Idioma: Inglés