IP Strategies: Copyright and Anti-unfair Competition Law

The China-Italy Chamber of Commerce (CICC), its Intellectual Property Working Group (IPWG), and the China IP SME Helpdesk held the second and last session of the workshop “Design Protection in China” on July 6th. The workshop in two sessions was organized with the support of CAASA and aimed at training companies and individuals on how to protect design in China.

After analyzing how to register a design through design patent, our IP experts discussed two more ways to protect a design in China using copyright and anti-unfair competition law. 

The workshop was opened by Rose Hua, Deputy Secretary General and Head of the International Department, CAASA, who briefly introduced the current design registration barriers in China and enlightened the main differences between design patent registration and design copyright, suggesting some practical solutions in case of infringements.

Ms. Lisa Lu, IP Business Advisor, China IP SME Helpdesk, illustrated the copyright registration process in detail. A company can use copyright to protect its design; it is cheaper and easier than other options, and the design is automatically protected in 178 countries. However, a company should see copyright protection as a part of a broader IP strategy and register both design patents and copyright. She then analyzed the different copyright enforcement actions in case of copyright infringement. Collection and preservation of evidence is fundamental before taking any action.

“Copyright should be considered as part of your IP strategy. Copyright protection is a good option if other IP protection is not feasible.” Lisa Lu

Our second expert, Mr. Filippo Sticconi, Senior Associate, GWA Greatway Advisory, explained that companies could rely on the Anti-unfair competition law in China in addition to design patent protection and copyright protection. However, requirements are higher compared to other methods. There are many pros and cons of using unfair competition law to protect the design, but in practice is a useful tool, particularly for those violations that include trademark, domain names, and design. 

“In case of design infringement evaluate your product from every angle (not only 3D shaped trademark; design patent; copyright; but also anti unfair competition related rights) in order to tap into full potential of the law and better protect your creations.” Filippo Sticconi

The event was moderated by Carlo Geremia, CICC IPWG Coordinator & Senior Counsel at ADVANT Nctm.

For more information, contact us at bj.events@cameraitacina.com