Enterprises "going out to sea" are wary of intellectual property rights violations

When a Chinese company expands its market overseas, it must be cautious about intellectual property protection: check whether the trademark has been squatted abroad, check whether the goods will be seized by the customs due to infringement, and even prevent them from being sue by competitors. Court. The truth goes without saying that Chinese enterprises must "go out" and the protection of overseas intellectual property rights cannot be ignored.

Changing the concept of corporate costs

“Chinese companies have to change the concept of cost.” At the recent seminar on corporate overseas development and intellectual property, Li Chenggang, deputy director of the Department of Treaty and Law of the Ministry of Commerce, first threw out his own unique opinions on “going out to sea” enterprises.

"In the past eight years, 70% to 80% of Chinese companies that have encountered intellectual property disputes overseas have no economic strength to fight the lawsuit. This is because in the United States and the European Union, the cost of hiring a lawyer is high. But why? European and American companies have money to go to court, but Chinese companies have no money to deal with it?" In this regard, Li Chenggang's understanding is that there are problems in the composition of Chinese enterprises' production costs. Chinese companies do not calculate the risk cost of intellectual property when selling products.

"In fact, many of our companies earn a little profit, not relying on high technology, not innovation, but diligence. Therefore, when companies hire a team of lawyers to spend four or five million dollars, they really feel helpless." Li Chenggang believes If Chinese companies change their concept of cost, they will add the risk cost of rights protection to products, sell products and sell product intellectual property insurance. In the future, when facing the IPR lawsuit in the international market, It’s much more calm.

Attention to intellectual property regionality

"If the copyright of Disney's Mickey Mouse and Donald Duck is violated in 100 countries, this means that Disney will not only have 100 lawsuits in 100 countries to protect its rights, but will also accept 100. The fact that the same lawsuit has different results in the final judgment is because the laws of each country are different. This is the regional nature of intellectual property rights. Li Mingde, director of the Intellectual Property Center of the Chinese Academy of Social Sciences, explained the regional meaning of intellectual property with humor.

“Where is the business, we must always seek the protection of intellectual property rights.” For China’s “going out” enterprises, Li Mingde offered advice.

He told reporters that if companies want to obtain intellectual property protection in their respective countries, they must apply for trademarks, patents and copyrights in the corresponding countries. Otherwise, patented technology, trademarks and copyrights applied in one country may be in the public domain in another country.

"In addition, the 'sea-going' enterprise should pay attention to: When exporting a certain product to a certain country, it should first conduct an investigation on intellectual property rights to ensure that the products of the enterprise do not infringe the effective intellectual property rights of the exporting country. Rejected, even detained." Li Mingde said.

Be wary of trademarks being squatted overseas

In recent years, it has become common for Chinese corporate trademarks to be squatted overseas, and there is even a growing trend.

The 30 years of reform and opening up have greatly improved the scientific and technological level, product quality and trademark awareness of Chinese enterprises. The value of trademarks as intangible assets has also been greatly improved, so they have been embarrassed by some people with "red-eye disease" who want to make ill-gotten gains by squatting trademarks.

In addition, with the increasing popularity of Chinese trademarks and the enhancement of overseas competitiveness, some foreign companies are not willing to engage in real market competition and fair competition with us. Therefore, in order to monopolize the market and achieve the purpose of crowding out and suppressing competitors, they Just rush to write a well-known trademark in China.

“At present, Kangxin Company discovered a natural person named Deng Ying when it was conducting supervision of overseas intellectual property maintenance for many large enterprises such as Tsingtao Brewery Company. It applied to the African Intellectual Property Organization only on November 3, 2005. A well-known Chinese trademark (including 41 goods and services).

Most of these trademarks are well-known trademarks of large Chinese backbone companies, including the main trademarks of these companies. However, because some companies have to face their lives and suffer crimes, they have been squatted overseas, and they dare not say anything, fearing that others will be incompetent. Yang Ye, deputy director of the former State Commercial Appraisal Committee, said that the number of well-known trademarks being squatted overseas has suddenly increased, and it has spread throughout Asia, Europe, the United States, Africa, and Oceania, in addition to the trademarks or personal cybersquatting trademarks that have occurred in the past. There have been cases of individual foreign large enterprises rushing to pay attention to China's well-known trademarks, and even companies or individuals who specialize in rushing to China's well-known trademarks have emerged.

According to her, the flow of goods and services in the market is very important through trademarks. If a company's trademark is squatted, it will not only cause losses to the company, but also expose them to serious crisis in property and goodwill, as well as future market development.

"But many managers don't pay attention to this. They think that the intellectual property department is spending money, and the sales department is making money. Therefore, the cost of intellectual property is very tight, and it is reluctant to spend money." Yang Ye believes that this Just like buying insurance, perhaps only when you encounter a problem, can you truly reflect its value.

In addition, Yang Ye also called on enterprises to cooperate closely with foreign-related trademark agencies, to form a strategic alliance for overseas intellectual property development and rights protection, and to formulate long-term plans for the close integration of overseas commerce and brand development, while ensuring trademark registration applications. Priority in participating in foreign exhibitions, and the right to prioritize disputes with other companies.

"Enterprises must establish a comprehensive network of rights monitoring networks for overseas intellectual property rights, and have specialized agencies to help you monitor and timely detect and stop trademark squatting." Yang Ye believes that when trademarks are squatted, Chinese companies must exercise their own Right, never let go, take compensation for some compensation.

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