How to Protect Your Intellectual Property Rights in China
What are intellectual property rights?
Intellectual property rights are the right of a person over the creation of his mind. It gives the liberty to exercise his exclusive right to the use of his creations for a period for set period. There are the exclusive rights in the category of Intellectual properties.
One is right related to the copyright intellectual property where these rights enable the owner to exercise the right to their artistic works and protect these rights by issuing copyright to use their artistic work for around 50 yrs or until the death of the inventor. A copyright protects the rights where literary work, artistic works, photography, producers and broadcaster organization works are included. The prime aims of such rights are to provide the protection to copyright, and thereby it encourages and rewards the creative work.
Another is right of the industrial property where one area gives the right to protect the specific symbols, signs particularly trademarks and geographical indication. The main aim of these rights is to protect the distinctive signs to ensure the fair competition in the market and protect the consumers to choose between various products and services
The World is growing day by day, and the external threat on the Chinese economy constantly prevails. There could be due to various reasons which may provide the harmful effect on the Chinese economy. It becomes necessary to know the prime factors affecting the economy of the China. Intellectual property right is one such point which has the direct impact on the economy of the China. This reveals the present status of the market and ways to compete in the market and companies of other nations. The intellectual property rights are the work of the innovations and latest inventions which enable the innovation to lead in the market, so it is essential to constantly monitor the market. In this direction, government oriented awareness program is conducted to provide the knowledge on the latest market trends and intellectual property rights.
Ideas and knowledge are a central part of creating the goods and services that comprise the global trade repertoire in China. The protection of intellectual property of a manufacturer might be the most important safeguard. Investing personnel and fiscal resources in innovation results in the idiosyncratic design, invention, method, repute or success or failure of a manufacturer in China, enabling it to achieve an advantage over the firms with which it competes in the marketplace. These items must be sufficiently protected so that a corporation is assured that its competitive lead will not be stolen, counterfeited, or used without its authorization.
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Many countries recognize the value of patents and trademarks in world markets and have taken steps to implement stringent intellectual property protection laws and measures. America’s intellectual property industries, which depend on IP defense for their revenues, greatly contribute to the vitality of the U.S. economy and embody a rising percentage of our gross domestic product. This sector includes not only the copyright industries, such as movies, musical recordings, and book publishing, but also businesses that rely on the value of their trademarked brands. It also includes patent industries, such as the pharmaceutical industry and many manufacturers. Protection of intellectual property varies from country to country, and when considering the laws of other countries, especially when considering host countries for offshore manufacturing and management, it is important to learn the intellectual property protection laws that are in place.
Currently, the counterfeiting problem in China is widely recognized as the most serious counterfeiting problem in world history. The Chinese Government estimates that the counterfeit trade in China is between $19 and $24 billion per year, accounting for about 8 percent of China’s gross national product. Furthermore, U.S. industries that do business in China estimate their losses to be in the billions to tens of billions of dollars per year. Since it is the world’s largest recipient of foreign direct investment, China now has unprecedented access to the world’s most valuable intellectual property.
For companies that outsource their manufacturing to the third party Chinese firms, intellectual property problems are not limited to brand name thievery. Other forms of IP theft are cunning but no less detrimental. In many cases, the IP thieves are the current or former employees of Chinese firms that once worked with the original IP owners.
As a result of the 2004 Chinese decision that eliminated the export domination that had been benefitted from by state trading companies, counterfeiters can now export forged products. Prior to 2004, a fraudster had to get the cooperation and compliance of a state trading company, which had a control on export rights, before they could export counterfeit products.
What you should know about your Intellectual Property Rights.
Any inventor is only as good as the lawyer that protects his or her intellectual property rights. This also goes for screenwriters, writers in general, and entrepreneurs. Could you imagine if you spend years working on a new invention, a new movie script, or a concept for a business, then you find out that someone else has already used your idea and created what you were trying to put together?
How would this make you feel? This is why we have intellectual property rights in China, and if you have an idea for a business, an invention, or really anything at all, then you need to own the copyright to that idea. This will protect your idea from being stolen. If someone else was to try to use your idea and you own the rights, then you can get a piece of the action.
This is why every single time you hear a popular song the artist gets paid. You cannot just go and use their music for your own personal or business gain. You have to have permission, first, and that costs money. So if you have a copyright on your ideas, your music, your story, your computer program, your video game, or anything else, then nobody can steal your ideas and use them for their gain without your permission.
It is always a good idea to find out if you have rights that you should be protecting whenever you have an idea or something else that might need a copyright. If you have a copyright you are protected, but if you do not you will be wondering why you did not make a million dollars off your idea. Always consult a lawyer to make sure your rights are protected.
Using a Lawyer for Intellectual Property Rights.
Copyright and contract law can be very confusing to those that have not spent years studying law in school and years practicing law after graduation. This is why lawyers are so expensive. They spend an enormous part of their life going to school and getting the degree they need to practice law. You can take advantage of this and use a lawyer for all your intellectual property rights issues.
There are some lawyers that specialize in copyright and contract law. These are the best ones for you to choose to help you protect your ideas. It is not easy to make sure you are protected, and when you have an idea that you know is going to be huge, you need to protect it while you are developing it. This could lead to a patent, that leads to an invention, and that means cash in your pocket. Just make sure your intellectual property rights are protected so your winning idea does not get stolen.