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Protecting Your Intellectual Property in China, Korea and Japan

Intellectual Property is the knowledge you or your company holds such as research results, formulas, designs, inventions, unique methods, trade secrets and so on.  It also includes your corporate image, including your brand and logo.

Patents, trademarks and copyrights are mechanisms for trying to protect them.

This is not legal advice, but a wakeup call to those who have not taken steps to safeguard their corporate know-how and brand.

The first thing to be aware of is that these countries join most of the rest of the world in granting rights to the First to File NOT the First to Use.  Therefore, whether or not you are working in these or any country around the world where intellectual property infringement is widespread, you need to file in those countries in order to protect your patents and brand name.  Otherwise, anyone can reverse engineer and patent your product, legally, by filing before you or make knockoffs using your brand name by registering it before you.

Some countries, like Japan, allow another party to patent a product you have already patented based on relatively small changes or improvement so you need to stay on top of things.

Other countries, like China, have a major problem enforcing laws.  If you are producing something in China, it's highly recommended that you don't work jointly with a Chinese company capable of reproducing your product.  It's also wise to not produce all component of your product in one place in China, but rather to produce it in-house (rather than outsourcing) at different locations.  This way, no one person or place has all the knowledge.

What have your experiences been?

Comments (5)

This comment was minimized by the moderator on the site

Wonderful blog! I found it while surfing around on Yahoo News.
Do you have any suggestions on how to get listed in Yahoo News?
I've been trying for a while but I never seem to get there!
Appreciate it

Brilliant Eyes
This comment was minimized by the moderator on the site

Thank you Brilliant Eyes. We're glad you are here, but, unfortunately, I have no idea about Yahoo News. Sorry.

Diana
This comment was minimized by the moderator on the site

Wow, wonderful weblog structure! How lengthy have you everr been running a blog
for? you make blogging glance easy. The total
glance of your site is great, let alone the content material!

Los Montesinos
This comment was minimized by the moderator on the site

Los Montesinos, Thank you for the feedback. I have been writing books and articles for a long time, but I just started the blog part of the website last year. I am glad you find it useful!

Diana
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