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Legal protection in China: for experts
Western enterprises still find no means against raging piracy in China. Even enterprises within the BtoB area failed to develop protectable terms to register and to secure marks and designs, whereby the special stress lies on "protectable" in combination with "communicatively relevant " .
Development and production departments must rethink clearly: Everything that has a functional use, is not protectable.
(The example Stihl power saws is well-known: The enterprise tried to derive a trademark protection from the typical orange-grey lacquer finish of the products. High courts in China and in the European Union pointed out that this color combination has a clear signal and warning effect by the orange portion and therefore the plagiarists cannot be refused.)
For engineers (and decision makers with common sense) it is hard to understand:
Only the completely sense-free product characteristic can justify trademark protection.
(The fact that patent protection in times of simple evasion solutions can not secure market shares any longer shall not be implemented here. Enterprises concerned know the problem.)
Lünstroth Brand Advisors advise enterprises, how this protection can be generated and secure in co-operation with international lawyer partnerships the USP of products and achievements.
