Posts in China

IP concerns range from highbrow to hilarious. It’s time to wake up, do your due diligence, and make sure you have the comprehensive IP protection you need in place when you start a business so you can stay on track creatively without fear of being derailed. Securing IP protection should now be at the top of your “to-do” list – not just an afterthought.

The China Road Show is a series of two-day China IP events that the USPTO is hosting across the country to help educate businesses about the realities of piracy and counterfeiting—which cost the American economy approximately $250 billion annually. Day 1 is largely devoted to understanding the patent, trademark and copyright laws in China, as well as enforcement of those rights. Day 2 of the seminar will address § 337 Infringement Investigations by the International Trade Commission (ITC), the challenges presented by counterfeiting and piracy on the Internet and the development of global IP strategies even for small businesses.

Believe it or not, Patents are enforceable in China. Trademarks are enforceable in China. Copyrights are enforceable in China. The devil is in the details. Certainly if you are trying to enforce your patent against a company in the boondocks far west of Chengdu, and that company happens to be the largest employer in the district, then you are going to have problems. No one can / should tell you differently. However, can you tell me with a straight face that these same problems would not occur in the US if the situation was reversed – where a foreigner is asserting a patent against a local, respected employer in a rural area of the US?

During my interview with Secretary Locke we spoke about patent reform efforts in the United States Senate, what patent reform might look like from the House of Representatives, his management style and how to motivate individuals to achieve transformative change. Secretary Locke strikes me as a thoughtful person, extremely energetic, motivated to succeed and the type of person we need in government. His CEO-like approach to running the Department of Commerce and in working together with both political appointees and career employees has transformed the Patent Office, and he will be missed. I’m sure he will make an excellent Ambassador, but have to wonder about the future of the Department of Commerce and the Patent Office. Whoever becomes the next Secretary of Commerce has some big shoes to fill.

It is unfortunate for businesses, but China is becoming practically synonymous with intellectual property theft, piracy and counterfeiting. On top of that, many technology companies are learning that doing licensing deals with the Chinese means they turn over the technologies and as soon as the Chinese corporation is capable of employing the technology the sever the relationship and then compete against American companies with American technology, they just don’t have to recoup the research and development costs and they have a cheap labor force.

For now we can be thankful that the U.S. enjoys dominance in an important and growing field like nanotechnology. Even though China does not receive high marks yet, it seems only a matter of time before the Chinese figure out what we in the United States, most in Western Europe and many in Asia have know for a very long time. Significant investment in technology and the creation of a business friendly climate lead to businesses locating, investors investing and high-paying technology jobs being created. Of course, there is also the national security angle to consider as well. So not only are we allowing other nations to catch up to us from a technology and business standpoint, we are allowing other countries to catch up to us from a military technology standpoint, which is concerning.

On May 19, 2010, USPTO Director David Kappos and China’s State Intellectual Property Office (SIPO) Commissioner Tian Lipu signed a Memorandum of Understanding (MOU) on comprehensive bilateral cooperation on patents. The signing took place during a signing ceremony held at the USPTO campus in Alexandria, Virginia. Second, in a separate and seemingly unrelated item, the USPTO also announced today that it would eliminate the fee for the petition to participate in Patent Prosecution Highway (PPH) programs. The elimination of the PPH petition fee is expected to encourage greater PPH participation by patent applicants. The good news is that yet more is being done to address the backlog and pendency. But I am still hoping for a plan aimed straight at independent inventors and start-up businesses here in the U.S.

For 2010 the US Trade Representative reviewed 77 trading partners for this year’s Special 301 Report, and placed 41 countries on either the Priority Watch List, Watch List, or the Section 306 monitoring list. The Priority Watch List for 2010 names the following countries:China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Pakistan, Thailand and Venezuela.

The Wall Street Journal is reporting good news for patent owners, in particular those holding patents on green technologies. President Obama, who is currently attending the Asia-Pacific Economic Cooperation forum in Shanghai, China, along with other world leaders announced that they no longer have ambitions of reaching a binding international agreement on climate change during the United Nations Climate Change…

In Ancient China, the appropriate time, the right place and the union of people are three key factors in rule of the world and in a war. Today, the three factors, time, place and people also play key roles to success. This article will give you an overall perspective on how to choose a supplier in China in respect of…