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, ensuring that you develop clear contract clauses on IP protection helps minimize the risk of infringement from these parties. This includes—including ownership rights and use limitations—with partners, distributors, licensees, or employees