
What Every Startup Need to Know About IP in China - nmattisson
http://formdevices.com/blog/No-Fools-Errand.html
======
rahimnathwani
If you found this interesting, you might also like:

\- [http://www.chinalawblog.com/2013/09/china-trademark-
basics.h...](http://www.chinalawblog.com/2013/09/china-trademark-basics.html)

\- [http://www.chinalawblog.com/2013/04/register-your-china-
trad...](http://www.chinalawblog.com/2013/04/register-your-china-trademark-or-
go-home-part-ii.html)

\- [http://www.chinalawblog.com/2014/04/the-trouble-with-
madrid-...](http://www.chinalawblog.com/2014/04/the-trouble-with-madrid-
system-trademarks.html)

\- [http://www.chinalawblog.com/2014/07/when-to-register-your-
ch...](http://www.chinalawblog.com/2014/07/when-to-register-your-china-
trademark-ask-tesla.html)

------
gingerlime
I'm curious about copyright infringement in china and what _practical_ options
there are. Hope it's not too OT.

We're building an anatomy learning platform[0], and produce original
illustrations and videos that cost us a lot of time and money to create. When
we see copies on US or EU website we can use DMCA or EU takendown notices,
which usually work. In China our emails were pretty much ignored...

Now we're not some huge company, we're a small bootstrapped startup which
isn't even ramen-profitable yet (mostly due to large expenses on content-
creation). We cannot even afford a lawyer locally, let alone someone who can
represent us in China. I'm wondering if anyone has some tips or experience in
this area?

(all being said, the number of infringements we know about is pretty small,
but it's worrying nonetheless)

[0] www.kenhub.com

------
rayiner
China is many things, but one of those is practical. They're planning for a
future in which they're not just a low-cost manufacuring hub (much of that is
indeed already leaving China for places like Vietnam). To that end, they're
making a very concerted effort to modernize their legal system, importing many
ideas from the U.S. (e.g. they have American legal academics helping reform
areas like the law of evidence) and introducing twists of their own (e.g.
lightweight arbitration for small civil disputes).

------
jacquesm
> Chinese trademark registration costs are typical internationally.

To the OP, this sentence does not parse or I fail to understand what you mean
with it.

~~~
michaelmior
Perhaps it's suggesting that trademark registration costs in China are on par
with those of other countries?

~~~
nmattisson
Poorly worded perhaps, but michelmior's interpretation is correct.

------
clemfeelsgood
Great article. Thanks for sharing your experience

------
dsplatonov
Thanks for information about trademarks. What about utility, utility models
and designs? Can it be protected in China?

~~~
nmattisson
Yes, they have a system with design and utility patents that is ~similar to
the west. When you talk to local lawyers they always emphasise the importance
of trademarks as the most effective way to protect your IP, but if you are
have the budget getting patents could be good as well. The one thing to note
is that you have to file a Chinese patent within a year of any other
application worldwide. (I don't know nearly as much about this subject as I've
learnt about trademarks, so caveat emptor.)

------
skyhatchash
Interesting to see the tides changing. Whether the IP laws are enforced is
another story.

~~~
jacques_chester
I'm preparing to lodge a patent application in China. Not because I think it
might be realistically enforceable _now_ , but because in its lifetime the
degree to which the Chinese system will enforce it is going to rise.

It's a 20-year bet on the legal trajectory of what it is going to be the
largest market in the world.

------
joellarsson
Are hardware+software startups like fitbit & withings copied as well?

~~~
cnphil
Yes, at the price of $13. [http://www.cnet.com/news/xiaomi-to-sell-
its-13-fitness-band-...](http://www.cnet.com/news/xiaomi-to-sell-
its-13-fitness-band-starting-august-18/)

~~~
jacquesm
This is one of the reasons why I will probably never again do a hardware
start-up.

~~~
est
Lemme give you a counter example. Chinese copied Neato or irobot Roomba, their
hardware was even superior and price is 30% as much, but ultimately failed as
a product. Because the route planing algorithm is completely shit. You often
found it stuck or running out of power.

Neato or iRobot does not sell in China, Chinese users actually pays extra to
get one. And they are happily doing so.

The moral of the story? Chinese can not copy the soul of your product.

~~~
tlear
Kindof surprising that they did not manage to obtain the routing algorithm of
the Roomba.

------
AndrewKemendo
Very helpful and something we have worried about as well.

------
pkoton
Very helpful - thanks!

------
gdonelli
nice

