1, 1990 Majority of its old technologies will not be able to meet the novelty standards: priority date must be claimed within the 12-month period Rollershoe should examine its patent portfolio and apply for patents in China for any new inventions Įnforcement of Patent Rights in China Good legal framework in place through legislative changes to bring its laws into compliance with international treaty obligations Good registration/application procedures Enforcement, or lack thereof, has been the focus of international attention Patent Protection for Rollershoe Products have been out in the US since Jan.
Patent Protection in China Not all inventions patentable in the United States are patentable in China: for example, software/business method patents are not easily granted After two sets of amendments in 19, a third set of amendments in currently in progress The Patent Application Procedure Applications submitted to the State Intellectual Property Office Formality Examination for design and utility model applications Substantive Examination for invention patent applications In 2006, China received over 570,000 combined invention, design, utility model patent applications Could Have Done: Apply for Invention Patents: products and methods of manufacturing, examined, 20-year term Could Have Done: Apply for Utility Model Patents: shape and configuration, not examined, 10-year term Could Have Done: Apply for Design Patents: ornamental features, not examined, 10-year term Patent Rights Patent laws and rights are territorial Even though one application can be filed in different countries Even though an applicant may, after meeting certain requirements, claim the filing date of its first filing in the home country Your US Patents will not protect you in China Patent Protection in China Elizabeth Chien-Hale 1) What actions can Rollershoe take in China? 2) What actions can Rollershoe take in the U.S.? 3) What can the U.S.
Chee Ting responds that it owns the marks in China and has registered several (see Table C). Investigator tours Fay King factory in China, finds extensive counterfeit toys and apparel bearing Rollershoe marks, copies of Rollershoes’ brochures and catalogs with Chee Ting’s phone numbers. retailer purchased from Fay King Shoes, Ltd. After 1 year, 2 months Rollershoe sends Chee Ting letter remind of agreement terms Rollershoes are everywhere in China, but company’s reported sales numbers are down. and China? What else could it have done? Identify Rollershoe’s IP Portfolio What has Rollershoe done to protect its IP in the U.S. Rollershoe registers trademark in China Rollershoe chooses Chinese character name, and brand in Pinyin. Chee Ting Shoe Trading Company Distributes foreign products in Chinese market Jtrade show in Washington, DC Rollershoe and Chee Ting exchange marketing materials and catalogs Enter into distributorship agreement
since 1990 TMs, Copyrights, Patents registered in U.S. Manufactures and sells shoes with built-in, battery operated wheels also apparel Manufacturing in U.S. McDonald, Schnader Harrison Segal & Lewis LLP Novem
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Chee Ting Shoe Trading Co.' – a case study on developing a brand protection strategy in China Webinar presented by the United States Department of Commerce and the American Bar Association Section of International Law Featuring: Ellen Szymanski, Department of Commerce Scott Bain, Software & Information Industry Association Elizabeth Chien-Hale, Institute for Intellectual Property in Asia Paul Jones, Jones & Co.
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