China

To successfully protect IP in target markets, SMEs should be prepared to enforce their rights. Ultimately, only enforcement of IP rights can halt the infringements. Furthermore, in some countries such as China, if an SME builds a reputation for being litigious then malicious companies might be less likely to infringe their rights in the future. As IP is territorial, only rights that are registered in target markets can be enforced there.

As of today, the 19 May 2021, TMview will include trade mark data made available by the China National Intellectual Property Administration (CNIPA), taking the total number of trade marks in the search tool from 62 to over 90 million from 75 participating IP Offices.

Identifying and registering IP in target markets is the first step in developing a comprehensive IP protection strategy. For SMEs to be successful in their target markets, a structured IP protection approach must take into account the particularities of the legal framework in target markets as well as the nature of SME’s intangible assets and available resources. For example, in case the SME’s product has a long-life cycle and it is not easily reverse-engineered, trade secret protection can be preferable to patent protection.

Registering IP is an important part of launching your products on new markets, since lack of IP protection can have a negative impact on SMEs’ business competitiveness and resilience. As IP is territorial, the IP rights that EU SMEs enjoy at home do not automatically extend to other markets, unless specifically registered there. Thus, SMEs should identify the core IP they own and consider registering it in the countries and territories they plan to do business in/with. 

On 26 May 2021 IP Key China organised an EU-China experts workshop on geographical indications (GI). Participants from the Directorate-General for Agriculture and Rural Development at the European Commission, the China National Intellectual Property Administration, the European Union Intellectual Property Office and the EU Delegation to China exchanged knowledge and expertise on important issues for the implementation of the EU-China GIs agreement.

Innovation is a key source of growth, and protection of Intellectual Property (IP) has always been the driving force of innovation. The European Union (EU), as global leader in green and digital technologies, has been taking measures to incentivise EU SMEs to make use of the full potential of IP and put them on the right track towards economic recovery.