Comprehensive Application of Various Types of IPRs A

Comprehensive Application of Various Types of IPRs_ A Powerful Strategy for Foreign Enterprises’ Commercial Success in Chinese Market Connie Y. Zhuang, Attorney at Law, Partner Tristan Yong Li, Attorney at Law, Partner Beijing Globe-Law Firm 14 th Annual International Seminar of Mark. Patent. ORG on IPRs Ahmedabad, India, Feb. 23 -24, 2019 Globe-Law Beijing︱Shanghai︱Dalian︱Hefei︱Zhengzhou︱Xi. An︱Hong Kong︱ New York︱Munich • Beijing： 9 th Fl. , Block C, Zhaotai Int. Center, 3 West Chaowai Street, Chaoyang District, Beijing 10020 Tel：（+8610）8451 -2800；（+8610）84512790

Outlines • Part A_Current Environment of Business & IP Protection in Mainland China • Part B_Chinese Consumers’ Public Taste to Foreign Commodities & the Relevant IPRs • Part C_ Comprehensive Application of Various Types of IPRs for Commercial Success in Chinese Market 2

Part A Current Environment of Business & IP Protection in Mainland China • Part A-1 Current Environment of Investment & Trade • Part A-2 Current Environment of Substantially Strengthened IP Protection 3

Part A-1 Current Environment of Investment & Trade in Mainland China Chinese Market ↔Foreign Business • the most dynamic economic region • huge, large number of potential consumers • satisfactory environment for investment 4

Part A-1 Current Environment of Investment & Trade in Mainland China Chinese Market ↔Foreign Business • totally different culture & social regime • government oriented ? + market oriented? • Severe problem of counterfeiting difficult? Hard? Worries? Hesitate? 5

Part A_1 Current Environment of Investment & Trade in Mainland China Macro Economic Policies: • Global : Promoting economic globalization, trade & investment liberalization • Domestic: Economic Transition & Restructuring _Strategy of Development _ Innovation Driven Economy 6

Part A_1 Current Environment of Investment & Trade in Mainland China Global: economic globalization, trade & investment liberalization export+import: China International Import Expo(CIIE) 6 day expo+365 on line Globe-Law: won the bid 7

Part A_1 Current Environment of Investment & Trade in Mainland China Investment: hot-spot Rank 2 nd : most attractive region, total amount of foreign investment more &more improved environment of business, operation satisfactory infrastructure facilities consistent policies, etc. 8

Part A_1 Current Environment of Investment & Trade in Mainland China Investment: hot-spot Rank 2 nd : most attractive, total amount of foreign investment; more &more improved environment of business operation; satisfactory infrastructure facilities; consistent policies, preferential and facilitation measures, simplified procedures, taxation, etc. 9

Part A_2 Current Environment of Substantially Strengthened IP Protection in Mainland China In the 13 th five-year-period of economic & social develooment_2016 -2021 • Strategy of Innovation Driven Development • Strategy of Constructing a Highly Efficient Integrate System of IP Operation & Management 10

Part A_2 Current Environment of Substantially Strengthened IP Protection in Mainland China • Strategy of Rigid Protection to IPRs • Cracking Down Counterfeiting • Strategy of Brand Building & Globally Expanding • Strategy of Building up a Fair-Play & Innovation -Motivated Market Environment 11

Part A_2 Current Environment of Substantially Strengthened IP Protection in Mainland China the Best Period for IP Protection: both for domestic & foreign IPR owners • Principle of National Treatment Various International Treaties of IP China, Signatory • IP focused nationwide: public’s awareness, enhanced; enthusiastic for IPRs 12

Part A_2 Current Environment of Substantially Strengthened IP Protection in Mainland China the Best Period for IP Protection: both for domestic & foreign IPR owners • Substantially strengthened protection • Cracking Down Counterfeiting e. g. criminal cases: public+private prosecution; e. g. compulsory enforcement+compensation 13

Part A_2 Current Environment of Substantially Strengthened IP Protection in Mainland China the Best Period for IP Protection : both for domestic & foreign IPR Dual System of IP Protection: • Administrative: owners State Administration for Market Regulation (SAMR) National Medical Products Administration (NMPA) State General Administration for Quality Supervision, Inspection and Quarantine(AQSIQ) etc. General Administration of Customs(GAC): border protection 14

Part A_2 Current Environment of Substantially Strengthened IP Protection in Mainland China the Best Period for IP Protection : both for domestic & foreign IPR owners Dual System of IP Protection: • Judicial: Civil: courts Administrative: Beijing IP Court+ courts nationwide Criminal: Public Security Bureau(PSB) Procuratorate, Courts 15

Part B_Chinese Consumers’ Public Taste to Foreign Commodities & the Relevant IPRs Chinese consumers→ Foreign Commodities • traditionally, interesting, love foreign goods, almost everything: food, clothing, articles and utensils, electric appliances for household purpose, luxury products, machinery for industrial purpose, etc. • happy to taste, comment & accept • no inherent prejudice, or disgust, or despising, wherever the place of origin 16

Part B_Chinese Consumers’ Public Taste to Foreign Commodities & the Relevant IPRs Chinese consumers→ Foreign Commodities • with brand with reputation at least in original country: reliable quality & safety • if patented, more attractive: advanced 17

Part B_Chinese Consumers’ Public Taste to Foreign Commodities & the Relevant IPRs Chinese consumers→ Foreign Commodities • unique, with prominent features of foreign cultures, with good flavor or function, not necessarily coming from US or EU, but the products where they became famous or special : unusual, interesting & functional trade name, copyright, trade dress, etc. 18

Part C_ Comprehensive Application of Various Types of IPRs for Commercial Success in Chinese Market • Trademark • Patent • Copyright • Anti-Unfair Competition _Trade Name _Business Secret _Advertising slogan with certain influence 19

Part C_ Comprehensive Application of Various Types of IPRs for Commercial Success in Chinese Market • Anti-Unfair Competition _unique commodity name, or model, or trade dress that is peculiar with goods & with certain influence _various commercial signs with certain influence: the main part of domain name; the name for website; web page; name for Wechat public account; name for blog; name for APP / mini APP 20

Part C_ Comprehensive Application of Various Types of IPRs for Commercial Success in Chinese Market • Anti-Unfair Competition _right of personal name (including pen name, stage name, transliterated name) with certain influence _False Propaganda _Discrediting _antitrust 21

Part C_ Comprehensive Application of Various Types of IPRs for Commercial Success in Chinese Market • Franchising • domain name, key word • merchandising right 22

Part C_ Comprehensive Application of Various Types of IPRs for Commercial Success in Chinese Market Relevant Civil Rights • development, transfer, consulting & service regarding technology (patented or public known) • goodwill • right of personal name • right of portrait 23

Q&A Question & Answer 24

Thanks! Connie Y. Zhuang, Attorney at Law, Partner Tristan Yong Li, Attorney at Law, Partner Beijing Globe-Law Firm 9 th Floor, Zhaotai International Center, 3 West Chaowai Street, Chaoyang District Beiijng 100020, PR China 25