English > Activities & Results > Support for Right Holders > Roadmaps for IP Protection
Roadmaps for IP Protection Print

April 2008, Beijing

As part of its work on supporting right holders of intellectual property, the EU-China IPR2 Project publishes a series of condensed guides for European and Chinese companies seeking practical advice on how to protect their IP in China and Europe respectively. These Roadmaps for IP Protection are available to download free-of-charge at www.ipr2.org/roadmap. View flyer441.22 KB

The Roadmap series targets individual right holders of intellectual property for whom the steps for registration of IP and the enforcement of IPR in China are often not very clear due to the number of regulations and many agencies involved, or where information in English may not be readily available. For Chinese companies wanting to protect their rights in Europe, the Roadmaps are a useful information tool on the European system in Chinese. Many right holders, particularly SMEs, have limited awareness of how to properly protect and enforce their rights through the ways and means provided by the existing legal framework. The Roadmaps aim to address this directly. 

The IPR2 series 'Roadmaps for Intellectual Property Protection' is available on CD. The compilation includes all individual issues below. For copies, please contact Tamryn Barker This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

These publications are produced in English and Chinese for both European and Chinese right holders. The content is based on the opinion of independent experts and is designed to give guidance to Chinese and European companies, but not to substitute for legal counsel. The Roadmaps do, however, aim to provide a comprehensive overview of the protection and enforcement environment in China and the systems and practices in Europe in order to increase general awareness of the key issues in both regions.

As these Roadmaps publications are of particular interest to industry, we welcome the support of business intermediary organisations in forwarding them to their interested members. Furthermore, industry is invited to provide feedback on whether the content of the Roadmaps is in line with experience. Comments will be taken into consideration for future updates. Hard copies can be provided upon request and any comments may be forwarded directly to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

In Europe

How to Register and Protect a Community Trademark 626.65 KB

The How to Register and Protect a Community Trademark Roadmap provides an overview of the European trademark registration system. A Community Trademark (CTM) is a supranational, unitary, exclusive intellectual property right valid and enforceable in the EU’s 27 Member States, and therefore a market of almost 500 million consumers. CTMs are governed by the Community Trademark Regulation and administered exclusively by the Office for the Harmonisation in the Internal Market (OHIM).

While the CTM system does not replace the national trademark systems and OHIM does not replace the single industrial property offices of the EU-Member States, the existence of a supranational system gives trademark owners the possibility to choose, based on their business needs, an additional protection route once they have decided to enter a specific market.

 

How to Register and Protect a Community Design  718.43 KB  

 

The How to Register and Protect a Community Design Roadmap provides an overview of the European design registration system. A Community design is a right for the external appearance of a product or part of it, resulting from the features of the product itself and/or its ornamentation valid for all 27 Member States of the European Union and directly enforceable in all of these countries. This issue covers the term and scope of protection in Europe, the requirements for protection, the registration process and the key means (civil, administrative and criminal means) of enforcing a Community design.

 

 

IP Protection at Trade Fairs in Europe  354.42 KB

 

The IP Protection at Trade Fairs in Europe Roadmap provides an overview of the issues particular to trade fairs when it comes to protecting IP rights and how to be prepared to face the possible risk of infringement when exhibiting during a trade fair in Europe. It covers the different methods and practices employed by the major trade fairs in France, Germany, Italy, Spain, Switzerland and the United Kingdom.

 

Trade Secrets Protection in Europe  622.62 KB

The Trade Secrets Protection in Europe Roadmap provides an overview of how trade secrets are protected in the European Union. A trade secret is different from other forms of intellectual property, in that its protection requires good will and maintenance and in some cases it is the most attractive, effective and readily available intellectual property right. Small and medium-sized enterprises (SMEs) in particular may not be aware of the risks as their business grows, and should develop an effective trade secret management strategy and take measures to protect the trade secrets against misappropriation. There is no uniform enforceable trade secrets law in the European Union (EU): The basic principles are similar in all 27 EU Member States but nevertheless the nonexistence of a supranational system defines different ways of regulation in each country. Depending on each country’s legal system, trade secret protection is integrated in the general concept of protection against unfair competition or provided for under specific provisions on the protection of confidential information in contract or criminal law. This roadmap aims to give a general definition of trade secrets, their nature and scope and should help contribute to a better understanding of the practical challenges in identifying them and the various means of protecting them as part of an overall IP protection management strategy which includes trade secrets protection.

In China 

 
 

Copyright  Protection in China  264.62 KB

 

The Copyright Protection in China Roadmap provides an overview of the Chinese copyright system. As in Europe, copyright arises in China as soon as an original work is created. The Copyright Law protects copyrights by way of administrative actions, civil actions and criminal actions. Various administrative authorities are empowered to take enforcement actions either independently or through joint efforts. This issue looks at what types of works are protected, establishing your copyright, the benefits of voluntary recordal, what constitutes infringement and pursuing judicial and administrative enforcement. The Roadmap has been updated to include a reference to the second amendment effective as of 1 April 2010.

  

Patent Protection in China Updated 543 KB

The Patent Protection in China Roadmap provides an overview of the Chinese patent system, in line with the new Patent Law which came into force on 1 October 2009 and its corresponding Implementing Regulations issued in February 2010.

  

Trademark Protection in China  617.74 KB

 

The Trademark Protection in China Roadmap provides an overview of the trademark registration process in China and what steps can be taken to enforce trademark rights.

 

 

Customs Enforcement in China  500.39 KB  

The Customs Enforcement in China Roadmap provides an overview of China’s customs system and what practical and legal steps companies can take to reduce the risk of IP infringement in the area of customs. In the field of customs enforcement, new legislation directed at the protection of IPRs at borders came into effect in March 2004 and was later amended in 2009 and again in 2010. The Roadmap has been updated to include a reference to the most recently amended Customs Protection Regulation of China which became effective as of 1 April 2010, and aims to be more effective in dealing with infringement across borders, dealing with detained goods and working together with right holders.

 

Trade Secrets Protection in China 559.04 KB

The Trade Secrets Protection in China Roadmap provides an overview of how trade secrets are protected in China and what measures businesses should take themselves to protect them. Companies doing business in China should be particularly aware of the importance of protecting their trade secrets. Although a legal framework for trade secret protection has been established in China, it is relatively new. Businesses need to protect their trade secret to maintain their competitive edge: once a trade secret is disclosed its commercial value is often lost. With the ongoing globalisation and digitisation of society, safeguarding trade secrets has become a more significant challenge for many businesses.

 

For more information on this activity, contact Ms Tamryn Barker This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

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