|
Rather than just copying another company's products, some disreputable Chinese businesses are filing patents and claiming intellectual property rights to the counterfeits!
Other counterfeiting companies copy or slightly modify foreign patents, or use advances in technology, and file these under a form of Chinese protection.
Toshiba was dismayed to learn in 2002 that it had captured 11.5% of the market in computer batteries, as it didn't sell its batteries in that country!
Local companies have the right to appeal twice, which may drag out a case over the life span of high-tech products.
Courts often cap maximum damage at half a million yuan (around $600,000) which disreputable business factor in as part of the cost of doing business.
The US Patent & Trademark Office has appointed an intellectual property attaché at the US Embassy in Beijing , the first such official assigned to a specific country.
Solutions are if the product cycle is short, you should be able to keep ahead with new technology.
Another route is a WFOE or only bringing in part technology and leaving the rest offshore.
Ultimately the risk of not going to China is probably greater, there is a view you should use your technology now or lose it. |