Protect intellectual property when exporting to China

Today, April 26, the World Intellectual Property Day is celebrated, i.e. the World Intellectual Property DayThe aim is to promote an increasing awareness of the importance of protecting its intellectual property and capital of ideas, especially when facing international markets.

Intellectual property and Export in China

Often with customers who start with us their path internationalisation in China we focus on how to assess whether China is the right market, how to move the first steps, how to get known and how to establish partnerships, but it happens to leave those “noious” parts like intellectual property.

It is no secret that the Chinese are good enough to fuck and make “authentic phalsis”, like “Rollex” watches, “Cuggi” bags or “Adidos” suits. However, we are wrong if we think the problem is limited to the fashion and luxury sector and the story that I want to tell you today will make you reflect on how much the risk that your brand identity is “rubed” is real in any sector you operate.

The Ferrero case

“Ambrogio, I have a light languorino.” Who doesn’t know or remember this famous phrase of an 80-90 advertising that made Ferrero Rocher famous?

But this chocolate has not brought the water in our mouths only to us Italians, but – even with Nutella – it has become famous all over the world, even in China, where the disadventure I want to talk about today begins.

No such resemblances?

Chinese copy of Ferrero Rocher

In China, Ferrero Rocher did not succeed only for their appetizing taste, but they fascinated consumers with their golden dress and elegant packaging, which make it a perfect gift for every occasion.

This success has not gone unnoticed and the Chinese company Montresor thought he could profit by making his own chocolate pralines, by the name Tresor Dore, which resembled Ferrero's and packaged them in the same way, including the gold foil and the small label with the name above.

These pralines, however, left very disappointed both the misfortunes who tasted them both the same Montresor, who did not do well the calculations. 50.000 euros and the immediate withdrawal of Tresor Doré from the market.

How to protect intellectual property in China

Meanwhile, the world market is still flooded by Chinese products identical in everything and for all to existing products and the fight against tarots, if you do not have the legal force of Ferrero, ahimè remains very difficult.

One of the first things we recommend to our customers is to think about how they translate their own brand identity for the Chinese market (logue, color, name that has correct connotations...) and register it before entering the Chinese market.

This is the same thing for theological innovations, for which we also recommend to request the release of a patent that is valid also on the Chinese territory.

Such cauteles will help prevent someone in ill faith from getting ready for your trademarks or unauthorized exploits the results of your research and development activities.

So, that you want to protect your brand identity or a patent on a software you have created, if you are looking for the assistance of a law firm, look for one that has previous work experiences in China.

We at Mallei, in collaboration with our partner East Media, can help you!