With an increasing number of Western Australian companies exporting to China, protection of intellectual property should be a high priority for businesses, according to Austrade.
With an increasing number of Western Australian companies exporting to China, protection of intellectual property should be a high priority for businesses, according to Austrade.
The organisation held a seminar in Perth this week about protecting IP in China, attended by a number of WA education, legal, manufacturing, ICT and engineering companies.
Austrade China country manager Peter Osborne said China’s intellectual property infrastructure was strong, although there were issues with consistency and applying penalties.
“Our view is, if you don’t register, you have no chance of enforcing it.”
He said while China’s IP environment remained hazardous, progress had been quite significant.
“It’s changing quite rapidly – the Chinese government is well aware of the issue. I think companies need to realise that 15 years ago there was no IP infrastructure there,” he said.
However, Subiaco-based technology and IP law firm Teller & Associates solicitor, Lisa Teller, said some Australian companies remained sceptical as to the merits of IP registration.
Ms Teller said a number of the firm’s clients used manufacturing facilities in China, although most did not register their IP.
“Although there is an IP system in China, Australian companies don’t have an expectation that it will be enforced,” she said.
Ms Teller said the most effective way for companies to protect their IP in China was through the involvement of government agencies.
Technology company Bristol Digital Systems director, David Trench, said fostering a relationship with a local partner was vital.
“For small-to-medium enterprises in particular, the best way you can protect your IP is by creating a very staunch, strong personal relationship with a local partner,” he said.
“A sense of ownership of your product needs to become entrenched in your partner.”
Mr Trench said BDS had experienced a breach of its intellectual property when the company’s software technology was copied by a local Chinese company.
He said BDS’s local partner discovered the breach and was able to negotiate a settlement, which would have been unlikely without a strong relationship between the two companies.
Perth-based Innovative Conveying Systems International recently secured patents for its technology in both China and India.
“There’s nothing more, besides the actual patent, you can do to protect [IP] or avoid the issue of someone infringing your patent rights,” managing director Michael Pietsch said.
