IPR includes Patent: exclusive right given by a patent means that no one may use the invention for professional purposes Trademark: is a distinctive sign or indicator used by an individual, business organization or other legal entity to identify itself with its products or services Design: protects the looks of the product rather than its functions Copyright: The creator; the writer, composer and artists has his/her right to their intellectual work
BackgroundSweden China Concept of Patent first Concept of Patent first introduced during the 17th introduced during the 21st century. century First governmental authority Intellectual property rights established 1885 (IPRs) have been The Swedish Patent and acknowledged and protected Registration Office (PRV) in the People’s Republic of since 1978 China since 1979. First governmental authority established 1980
TraditionSweden China Most successful inventors Great civilization for millennia during the 20th century Until the 15th century, Chinese During the same time period technological discoveries and many flourishing companies inventions were often far in established advance of those in Europe. Individualistic Culture No sense of protecting what they Earn Profit and Recognition have invented. High quality E.g :Traditional Chinese ”Just a little bit” better Medicine(TCM), more than 2000 years ago, NO patent.
Swedish inventions Dynamite (1867) Spherical Bearings (1907) Tetra Pak (1944) Pacemaker (1958)…and what did the Chinese people do at this time?
Chinese InventionsThe famous Four Great Inventions:Gunpowder (the 9th century )Printing (in 868 )Compass (4th-century BC)Papermaking (AD 105) ...... What were the Swedish doing?
Changes in attitude towards IPRSweden China Downloading of Music, Movies etc. Pressure from the West and the World Trade Organization Immaterial rights the State Intellectual Property Enforcement of IPRED-law Office ("SIPO") (Intellectual Property Rights Today, SIPO is responsible for Enforcement Directive) granting patents (national office), Stealing is illegal but free registering semiconductor layout downloading should be legal? designs (national office), and enforcing patents (local SIPO offices), coordinating domestic foreign- related IPR issues involving copyrights, trademarks and patents
Continued…Sweden China Not accepted to look for or buy China’s first patent law was copied products at home enacted in 1984 …but if we go somewhere else… Chemical and pharmaceutical Increasing number of so called products, as well as shopping trips to especially food, beverages, and flavorings China are all now patentable Majority of those who go do buy The Chinese Patent copied products Law, enacted in 1993, for Traditional Medical Knowledge protection. Some Chinese own products are seen E.g
However, does it work?Sweden ChinaLimitations: Limitations: Downloading China’s reliance on Works in the white market administrative Black Market X Criminal measures• Private persons Corruption• Organized criminal groups Limited training to Lack resources enforcement officials Penalties Lack of Public Education Public Education Present
IKEA In China since 1998 11 Furniture in Kunming Copied the whole experience of IKEA How to protect against this?…luckily, they did not even try to copy…
Questions Why does the Chinese authorities fail to impliment the laws restricting the copying of products – is it a question of the mindset or the size of the population that complicates the issue most? Do you think that protection IPR is a medium of boosting creativity or instead rather working in the opposite direction?