Absence of the hottest intellectual property strat

Absence of intellectual property strategy

absence of intellectual property strategy: the iron chain of Chinese enterprises' going out

inadequate trademark and patent protection has become a great obstacle for domestic enterprises to "go out". CEOs of Chinese enterprises are only passive in intellectual property management, and lack independent intellectual property rights, which is difficult to create value. CEOs must have a belief that intellectual property is productivity

the case that representatives of six Chinese pharmaceutical enterprises were accused of counterfeiting and infringement and were detained in Paris has aroused widespread concern from all walks of life. The construction of the intellectual property legal system of the EU and China and their respective internal intellectual property management caused by this incident have been paid more attention by the government and the business community

on the morning of the 25th, China business exclusively interviewed verenavonbomhard, a partner in the European Union of Lovells, a global law firm with rich experience in intellectual property, and Lin Junjie, head of intellectual property in Beijing, China

first business: not long ago, the detention of six Chinese medical representatives in Paris has aroused great concern from all walks of life in China. What do you think of this problem

verena: through my personal understanding of the laws of various countries on intellectual property protection, in fact, the attitudes of various countries on intellectual property protection are very different. Mediterranean countries such as France and Spain have a tough attitude in this regard, so it is possible for such things to happen in France. However, the attitude of some countries such as Germany is quite different. They believe that intellectual property rights are personal property. Unless the infringement is very obvious, criminal issues can be involved. Otherwise, they will not fight too much for such cases

Lin Junjie: I was surprised to learn about this case just now, because if it is only infringement, it cannot be detained. If the French side really implements the detention behavior, the premise is that the drug itself is harmful to human body. However, as Verena said, France has indeed made great efforts to combat infringement, so it is also possible for this kind of thing to happen in Paris. This indeed has a lot to do with the attitude of countries towards intellectual property rights

China Business News: then with this incident and Lu Wei's business in intellectual property, as an expert who knows EU law very well, what do you think of the differences between EU enterprises and Chinese enterprises in intellectual property protection

verena: using some cases I have contacted to analyze, many Chinese enterprises do not understand the real value of their trademarks, and they are often not likely to use their trademark rights. EU countries are basically registered countries, but Chinese enterprises do not understand this. When they go abroad, they do not pay attention to the registration of their own trademarks, so it is easy to be caught by the enterprises of the host country. Among the cases we know, Chinese enterprises have been sued by enterprises from other countries in terms of trademarks and registration

therefore, the biggest difference between many Chinese enterprises and EU enterprises should be that the former is easy to lose this right because they do not know how to protect their trademark rights, while enterprises in EU countries are very skilled in this. Sometimes when they cooperate with Chinese enterprises, they register trademarks through agreements, so it is difficult for Chinese enterprises to obtain the right to this trademark

another point that Chinese enterprises should attach great importance to is language, because the European Union and the United States are different, the United States has only one language, and the European Union countries have their own languages, many of them do not understand Chinese at all, so when Chinese trademarks are registered in Europe, the translation must be very accurate. In addition, the legal systems of various countries are also very different. When Chinese enterprises engage in some important businesses in the EU, they must take these issues into account and plan ahead

China business: Verena's analysis revealed the inadequacy of the application of intellectual property strategy by Chinese enterprises when they went abroad. As a senior lawyer in the field of intellectual property, Lin Junjie has poor anti-interference ability. What do you think of the problems she raised? What aspects do you think Chinese enterprises should improve when going abroad, so as to effectively protect their intellectual property rights as an important processing equipment

Lin Junjie: I come from some cases to analyze the operation process of the tensile testing machine and the sensor classification of the equipment. As we all know, Hisense's trademark "Hisense" was registered in Germany by Germany's Bosch Siemens company, which once hindered Hisense's business expansion in the entire EU region. In addition, many Chinese famous brand trademarks such as Lenovo, Konka, Kelon, Changhong, Wuliangye, Wang Zhi and Hongtashan have been registered overseas. These examples show that the weak protection of trademarks and patents has become a great obstacle for domestic enterprises to "go global"

I personally believe that Chinese enterprises should know that intellectual property management has many aspects, not just legal consultation. Specifically, Chinese enterprises should make breakthroughs in three aspects: CEO concept, corporate structure and the quality of corporate lawyers. First of all, the concept of Chinese enterprise CEOs should change. In other words, CEOs of Chinese enterprises must have a belief that intellectual property is productivity and wealth. At present, CEOs of Chinese enterprises have a relatively shallow understanding, only pursue profits, and only passively guard against intellectual property management. They lack independent intellectual property rights and are difficult to create value

secondly, the structure of the enterprise should be changed. At present, Chinese enterprises have not raised the intellectual property management to the strategic level. 7190 small and disorderly pollution enterprises in Jinan have been banned or rectified by the end of September, and the role of the company's legal department is absent, resulting in their fundamental inability to play a full role in practice. Take pharmaceutical enterprises for example. Such enterprises in Europe are very sensitive to patented technologies. They will set up trademark departments and patent departments to manage them respectively. But China's Ministry of justice is not valued at all

another point is that the quality of company lawyers needs to be changed. Foresight, internationalization, communication and management ability and industry grasp, these four aspects of literacy should be the literacy that enterprise intellectual property lawyers must have in addition to having sufficient legal professional knowledge

in addition, I believe that in EU countries, although product designs do not have to be registered in order to be protected, by comparison, registered designs are easier to be protected and protected in most EU countries

verena: I would also like to add one point to Chinese enterprises. Although the registration of EU trademarks is very attractive, Chinese enterprises should also pay attention to their own problems of EU trademarks, because a third party can revoke them based on the previous trademarks of any EU member state. In addition, EU law only stipulates the protection of registered trademarks, and the protection procedures of unregistered trademarks can only be carried out in accordance with the laws of Member States. This is obviously different from the practice of protecting unregistered trademarks in various countries. Therefore, the timely registration of EU trademarks is of great significance. (end)