January 2011

Sending plans and designs to China: Yes, you can you protect them

designs.jpgClearly, if you make your living on your intellectual property as embedded in your plans, designs and specialized tooling and you do business internationally, you should be filing all your trademarks and patents in all jurisdictions where you make/sell products.   

But, this post looks to a more basic set of concerns on how to ensure that your long term ownership in plans, designs, molds and tools is also protected and under contract here in Mainland China.  For many companies pay their IP counsel lots of money, but forget the basics when it comes to where their molds/ tools are -- and who owns them.

Historically, a Chinese company would agree to make a run of, say, two million widgets, to your plans and designs, and no special contracts would be made out on who would be paying for all molds and tooling.  In many cases a contract would say, in English, that you would own the tooling after so many millions of pieces were run on those molds/tools.  Sound familiar?

designs.jpg

designs.jpg

China: 'Ant Tribes' Face Eviction from Colonies

ant colony.jpgAs if it was not hard enough to get ahead in the world as a young and inexperienced college graduate in modern China, the Ant Tribes of China are now faced with new government regulations to evict them from their 'colonies' too.

Already modest one or two bedroom apartments that have been partitioned into a series of 25-35 cubic foot 'capsule apartments' are a common first residence for many new urban immigrations all over China and are known as colonies. 

If you are a Chinese university graduate born in the 1980's, working an unstable job that pays less than RMB 2,000 per month, living in a shared RMB 350 apartment and spending over two hours a day travelling to and from work, then you are officially an "ant."  Welcome to the ant tribe.

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ant colony.jpg

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mouse tribe.jpg

Chinese Registration of Copyright Pledges

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The Measures for the Registration of Copyright Pledge (hereinafter the “Measures”) were promulgated by the State Copyright Bureau and will be implemented as of January 1st, 2011. The Measures for the Registration of Copyright Pledge Contracts promulgated by the State Copyright Bureau in 1996 were abolished at the same time. This is another amendment to the pledge of intellectual property rights since the promulgation of the Measures for the Registration of Patent Right Pledge in October 2010.

According to the relevant statistics, altogether 934 copyright pledges have been registered at the State Copyright Protection Center, from 2000 to August 2010, among which 747 are for copyrights of computer software and the remaining 187 are for the copyrights of general works.

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copyright.jpg

Doing business in Shenzhen is getting easier By: Jane Lai

 
 

FOREIGN investors are now allowed to acquire full ownership of Shenzhen companies owned by Chinese, while Chinese are allowed to set up a high-tech enterprise with foreign individuals or corporations, according to policies released by the city market supervision administration yesterday.
 
    To respond to the municipal government’s call to accelerate economic upgrading, the administration had formulated 28 policies to make it easier for entrepreneurs to do business in Shenzhen.
 
    One of the highlights of the policies was to encourage the optimization of foreign investment structures and boost the development of Sino-foreign joint ventures.