Abstract
Firms need a holistic piracy intelligence and IP protection to profit from innovation. They also need to develop strong brands and to manage technology-intensive processes in China. The different facets of legal and factual protection means need an overall perspective of directly or indirectly protecting IP.
The IP protection star addresses five dimensions, namely legal-, technology-, business-, market-, and human-driven IP protection. Many firms solely focus on legal aspects and thus lose their IP by means of personal fluctuation. Some firms are excellent in technology protection but fail in the market because fake products with low quality damaged their brands. Some firms do focus on the business and the legal part, but are imitated by firms that received technical information from key suppliers.
The IP protection star helps managers to avoid white spots and to establish a holistic view on their IP management.
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Notes
- 1.
See Appendix for the requirements of non-PCT/national Chinese patent applications.
- 2.
For more details see Chap. 7, Art. 57, Patent Law of PRC.
- 3.
For more details see Civil Procedural Law of PRC.
- 4.
For more details see Supreme People’s Court Interpretation, Sect. 5 and 6, 22 June 2001.
- 5.
See Sect. 6.5, Civil Procedural Law.
- 6.
For more details see Patent Law of the PRC, Chap. 7, Art. 57.
- 7.
According to Arts. 88 and 91 of Opinions of the Beijing High People’s Court on Several Issues Relating to Patent Infringement Establishment (for trial implementation).
- 8.
The term ‘prior art’ is defined in Rule 30 of the Implementing Rules of the Patent Law as “any technology which has been publicly disclosed in publications in the country or abroad, or has been publicly used or made known to the public by any other means in the country, before the date of filing (or the priority date where priority is claimed) is prior art”. In Art. 22 of the Patent Law (2000) that term and definition is used.
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© 2012 Springer-Verlag Berlin Heidelberg
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Gassmann, O., Beckenbauer, A., Friesike, S. (2012). The IP Protection Star. In: Profiting from Innovation in China. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-30592-4_4
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DOI: https://doi.org/10.1007/978-3-642-30592-4_4
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