Recently, Beijing Intellectual Property Office issued the Guidance on Pre-warning for Oversea IP of Chinese Enterprises(hereinafter refers to as the Guidance), aiming at assisting more Chinese companies in “going out” .
The issuance of the guidance is the result of the increasing patent conflicts between Chinese companies and foreign companies when doing business in those foreign countries. The constant conflicts have not only affected one enterprise but the whole industry. It is therefore important to make analysis on the patent risk and take appropriate measures to face those conflicts. Instead of defense, the enterprises can take an active attitude in protecting themselves in the international market.
Under the Guidance, a regular patent pre-warning group should be established within the enterprise. Members of the group should include people from IP department, research and development department and marketing department. The guidance also listed 4 aspects for pre-warning: data retrieval and filtering, statistics analysis, legal opinions on infringement, risk avoidance and strategy.
