Increasingly it is becoming tricky for a foreign brands to win a design patent lawsuit in China, as Chinese laws now imply they must register the design with the Chinese authority before they start to manufacture the product, regardless of whether the patent is already registered in the country of origin. Previously foreign brands had not minded so much about plagiarism as they considered the Chinese brands too small to pose a threat, however, recent cases from Jaguar Land Rover and Samsung to Apple and Honda indicate that they are feeling the impact of the rise of Chinese brands. The WSJ accuses China of turning to patents as ammunition as they try to reel in huge companies: “We are going to see a lot more Chinese companies filing patents outside China, and more deals and lawsuits involving patents and technologies,” says Allen & Overy's Benjamin Bai. It is particularly difficult for smartphones for example as it can involve thousands of patents.
Increasingly it is becoming tricky for a foreign brands to win a design patent lawsuit in China, as Chinese laws now imply they must register the design with the Chinese authority before they start to manufacture the product, regardless of whether the patent is already registered in the country of origin. Previously foreign brands had not minded so much about plagiarism as they considered the Chinese brands too small to pose a threat, however, recent cases from Apple and Samsung to Jaguar Land Rover and Honda indicate that they are feeling the impact of the rise of Chinese brands. The WSJ accuses China of turning to patents as ammunition as they try to reel in huge companies: “We are going to see a lot more Chinese companies filing patents outside China, and more deals and lawsuits involving patents and technologies,” says Allen & Overy's Benjamin Bai. It is particularly difficult for smartphones for example as it can involve thousands of patents.