New approach to the protection of Copyright in China

China has moved a step forward in the protection of intellectual property rights, namely copyright, as recently resulted from a legal claim brought by an Italian company for a counterfeiting issue in the production and distribution of a mannequin. It is now possible for a non-domestic company to claim before any Chinese Tribunal the protection of copyright, irrespective of the actual trademark or patent ownership, if holding clear evidence attesting the ownership of copyrights. It must be given clear and material evidence of the inventing process that brought to the idea, development and production. Two main points have to be highlighted: the chance for a foreign company to successfully claim the copyright against a Chinese counterfeiter and the reversal of the burden of proof upon the counterfeiter.

02/01/2013 | Copyright