Showing posts with label IP enforcement. Show all posts
Showing posts with label IP enforcement. Show all posts

Friday, January 06, 2012

Key IP Question Before Considering Joint-Venture: Am I Educating My Future Competitor Or Building A Long-Term Partnership?

Colin Davies, managing director of Accenture Software, wrote a column for China Daily European Weekly (always asking whether the content is not usable for the Chinese edition) about ways that will make a better cooperation between Chinese and Western software companies possible: "The West will need greater assurances that the regulatory environment is friendly and conducive to building strong business relationships in ways that both sides can view as credible and mutually beneficial." Who can disagree with this.

Mr Davies also tries to answer the question of how a Western software developer can give a client in China a jump-start asset and let them customize it, while at the same time protecting their intellectual property?

"Although Chinese laws do exist to protect intellectual property (IP), the question is whether anyone is prepared to enforce them. IP protection will need to be adequately addressed before Western software developers are prepared to dive aggressively into the Chinese market."

Then he sketches the situation of a Sino-Western joint-venture, in a bit too optimistic light, in my view:

"Meanwhile, the prospect of a joint venture is attractive because Western companies, rather than investing resources to establish a foothold in a new and very different environment, have the advantage of leveraging the know-how of a local organization already well entrenched in China. This affords them the immediate benefit of a partner that has trust and recognition in the marketplace, knows the local players, and is more likely to defend the IP fiercely for the simple reason that it is also part of theirs."

When simple might be more complex
Some Western companies have been lured (or pushed) a bit too easily in "sharing" their intellectual property without rock-hard agreements that guarantee that the Western company is getting the intellectual property back once the joint venture dissolves. In other words, your joint venture partner can be a significant intellectual property challenge too. Also each company has to think carefully about how much of its knowledge it is willing to transfer in order to get market access. To sum up: Each potential Western company has to ask itself this question: Am I educating a future competitor or building a long-term partnership? Although Mr Davies is not asking the question, he is answering them: "Trust is vital." Read his article here.
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Friday, April 15, 2011

Peter K. Yu Kicks Off the UNH Franklin Pierce Center for IP Distinguished Speaker in IP Lecture Series

Mary Wong, the first director of the University of New Hampshire Franklin Pierce Center for IP invited Drake University professor Peter K. Yu to give the inaugural speech of the Franklin Pierce Center for IP Distinguished  Speaker in IP Lecture Series, April 14, 2011.

Professor Yu gives a grand tour of IP enforcement, and recommends a holistic solution to get a more enabling environment. In regard to new international enforcement treaties such as ACTA, Professor Yu asserts that countries such as China, India and Brazil should be included.
Thank you Danielle Barrick for the link.

 
Video streaming by Ustream
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Thursday, April 14, 2011

The Influence of China's Trade deficit on IP Enforcement in China

Light at the end?
Photo: Danny Friedmann

Remember that in 2009, because of the financial crisis, the Supreme People's Court urged the lower courts to conservatively grant injunctions, read here. Now too, there are economic circumstances that might not be conducive to the enforcement of IPRs in China. For the first time in seven years China has a trade deficit. China has a huge trade surplus with the U.S. and Europe, but a trade deficit with countries such as Saudi Arabia and Australia, because they import so many commodities. Since commodity rich countries can only absorb so many Chinese export products, chances are that China will try to compensate its trade deficit with countries it already has a trade surplus, such as the U.S. and Europe. Therefore it might not be willing to import more trademarked, patented and copyrighted goods from the U.S. and Europe, which could stimulate a demand for counterfeit and pirated goods. Read more here. 
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Tuesday, November 29, 2005

Overview of legal problems with IP enforcement

Photo Danny Friedmann
Maria Trombly, Ziff Davis Internet and Bill Marcus interviewed Geoffrey Lin and Douglas Clark, attorneys of Lovells Shanghai. The result is a nice overview of some of the legal problems with IP enforcement in China.

Read the article: Chinese legal system hinders IP protection efforts.
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