Patent and copyright law is a complex area of operations that Australian businesses often struggle to get their heads around. The successes of many small Australian businesses have been seriously stunted by not knowing how to protect the brand or product properly, especially when expanding business operations overseas.
While China is an increasingly popular market for Australian enterprise, the country's differing copyright laws have often caught small businesses out. This is where the help of reputable patent lawyers is vital, shielding businesses from the difficulties of navigating China's patent and copyright laws.
3,000 Australian businesses now operate solely in China.
A new frontier for small businesses
It is becoming easier than ever for small Australian businesses to expand their operations into Chinese markets, with digital technology and a growing demand for quality Australian products driving this boom.
A study by Deakin University indicated that small Australian organisations had a significant advantage in Chinese markets because 'being Australian was found to provide a type of legitimacy that was attractive to Chinese customers.' This has resulted in a tide of Australian businesses setting up shop there, with 3,000 Australian companies now operating solely in China according to Deakin.
However, despite these positives, national trade mark law leaves expanding enterprise there a double-edged sword for Australian business.
China and the market for Australian business
IP Australia note the recent case of Melbourne-based business Farmer Brown's Dairy Company – owner Tori Best attempted to register her brand trade mark with the China Trade Mark Office, only to find that a local company had done so already. This is just one of numerous cases in which a small Australian company has been stung by a trade mark dispute in expanding overseas.
China operates under a first to file rule, meaning a company can apply for your trade mark in China and end up owning the local rights to your brand and products, regardless of how long you have been trading in Australia for. Because the enforcement and appeal laws in China for trade mark and patent infringement are different, you are better off employing the services of specialist legal professionals than fighting this battle alone.
Reach out to Alder IP for help
Expanding your operations into China should be a fulfilling experience – so don't let the wrong side of China's double-edged sword cut you. Alder IP have the resources and experience to make understanding Chinese trade mark law a breeze. Our team of lawyers are ready to fight for your business, so contact us today.