Deciphering Intellectual Property Rights in China
This week, 38 participants from different countries and businesses were gathered at the Embassy to learn more about the rules and regulations regarding Intellectual Property Rights (IPR) in China. Arranged by Noralumni and the Norwegian Business Association (NBA), the event offered professional insight and advise, but also a chance to meet and discuss experiences with the particular Chinese IPR-system.
David Follador from IP-key gave an interesting overview of the current status of IP protection in China, and also trends in patenting practices. The IP governance in China is developing, and it is now comparable to other IP areas as US or Europe. Last year China established three new IP courts, in Guangzhou, Shanghai and Beijing. It is a large increase in patenting in China, whereas the western world is moving towards protecting designs.
Steffen Pedersen from the Norwegian law firm Wikborg og Rein gave some empirical insights linked to contractual practices in China, the importance of signing non-disclosure agreements, and the importance of checking that your contractual counterpart is actually your counterpart. Sometimes it pays off to get legal advise early in the process. Wikborg og Rein is establishing a Beijing office this year, their second office in China.
An issue that was discussed, was to which degree the Chinese patents contains a fair share of patents that is filed more because of favorable Chinese reward systems for patenting, than for the actual commercial value of the patents. As the representative from the Swedish Chamber of Commerce pointed out, this can be assessed during the years to come, based on the willingness to sustain all the patents.