How do I protect my IP when launching into China? I have a new product that I'm launching and I want to make sure that I have protection across two main industries; Technology and Viticulture / Agri, I also need to protect across 4 locations including China. Can someone help?
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This is a question that is difficult to answer briefly, but here are the main things you need to consider: Step 1 involves identifying what your competitive advantages are and then creating a strategy which will ensure you can obtain, or continue to control/own these advantages in the markets of interest. Depending on what your products/technology are, the protection might be in the form of registered IP rights such as patents, trade marks, or design registrations. Alternatively it could be an unregistered form such as copyright, trade secrets, know-how, agreements etc. Step 2 is understanding if you have freedom to operate in the markets you wish to enter. That is, can you do what you want to do in the Asian countries of interest without infringing anyone’s rights. Step 3 is securing ownership of the IP before someone else does or you lose the ability to register (which in the case of patents and designs happens once you publicly disclose them). The other main point to be aware of, is that IP rights are jurisdictional, which means you may need protection in each country you wish to trade in. And finally, avoid disclosing the essential details of your technology to anyone before it is registered/protected, because once it is disclosed, it becomes un-patentable and you will lose your competitive advantage. For more info, check out the ‘helpful info’ section at www.jaws.co.nz I’m sorry that my advice is vague and makes it all sound complicated – it needn’t be. However, it is difficult for us to advise you what you should do in Asia without knowing what it is you have, what your products or services are, and what you’re wanting to achieve. It could all be really straight forward if your competitive advantage is (NZ) origin based and your essential IP rights are brand related. I would be happy to provide further advice once I have more information. Please get in touch on or phone us on .