China 10-Point Patent Checklist: Integrating patents into an overall business strategy for a Western manufacturing entity in China

Abstract

The protection of intellectual property (IP) involved with manufactured goods comprises many aspects: Without even touching upon patents, these aspects include trade secrets and trademark protection, both very important in the classic protection of a pioneer manufacturer's product line and reputation. Yet it is well known that in China, Western companies have had challenges using trade secrets to safeguard IP. Trademark protection also has weaknesses, particularly as competitors often use Chinese marks that are very similar to the trademark – a situation that is difficult to control with typical trademark remedies. The China 10-Point Patent Checklist (Checklist) provides only starting points or guidelines for technology-based outsourcing operations – including biotechnology companies – doing business in China. The Checklist does not address comprehensive enforcement strategies such as deciding where to bring an action: in the United States (or Japan, Germany or another applicable importing country) under Western laws and Western patents, in China itself or in both countries.