Canadian companies must remain vigilant and proactive in protecting their IP rights. As early as possible (ideally before entering the market), companies should develop a comprehensive IP protection strategy for China.
Properly registering your IP is essential - only if the right is registered in China can it be enforced in China. Further, monitoring the Chinese market is essential to ensure that copies of your products are not making their way to your clients, wherever in the world they are located.
Understanding the legislative framework, leveraging enforcement mechanisms, and addressing the unique challenges of the Chinese market are crucial for safeguarding your IP in China.
Finally, it is essential to establish clear contractual clauses on intellectual property protection with partners, distributors, licensees, or employees to help minimize the risk of infringement by these parties.