Notaries can Protect Your Inventions

Notaries can Protect your Inventions

If your livelihood is based upon being able to market and sell your clever and inventive products then the chances are that you have already spent huge amounts of time and money to bring your idea to market.

The problem is that as soon as you start to sell something new and brilliant, other people will be tempted to make copies. Without having invested any time or effort in original development the crooks and fakers can probably sell their copies very cheaply – cheaper than you can!

This can ruin your business unless you constantly take measures to protect your invention – your “Intellectual Property” [I.P.]. These measures – of Trade marking and Patent protection {lumped together as “Intellectual Property”} -are well understood and, in the main, effective in UK but in the Far East the position is much less clear-cut.

In past years there have been particular difficulties for British companies selling their goods in China. Fakery of this kind has been rife in China and it seems that the Courts there have been more focused upon making [low and inadequate] awards of compensation than in actually stopping trademark and I.P. infringement.

Also Fake products are being advertised and marketed online – often appearing at night on the internet when Chinese Notaries’ offices are traditionally closed. Then, disappearing from the internet during the daytime.

Clients of mine have also found reason to fear that local Lawyers in a Chinese City might be reluctant to act against infringers in that City and might even be under threat of intimidation.

Further problems particularly in China arise from the fact that the current law there places the burden of proof on the legitimate business which has to show that any discovered counterfeits are fake, rather than the Courts requiring the person marketing the goods to show that the product is properly authorized.

However it may be that the tide in China is turning. Compensation awards in Guangdong Province are rising according to the Director of the Intellectual Property department there.

The lessons to learn are to keep a vigilant and constant look on the internet – this can be done in England of course (one advantage being of course the time difference is such that night time internet operations in China, can be identified in England in the daytime).

If Notary offices in China are unwilling or inexperienced in the matter of web-based evidence gathering then again this can be done from England.

A company which does not take action to protect its Intellectual property will be the loser in the long term – if not the alarmingly short term.

I work closely with Trademark Attorneys who can help you protect your business around the world; Please do contact me whenever you need my assistance, with this or with any Notarial Certification or Legalisation – at http://www.atkinsonnotary.com or phone me on 0113 816 0116 (internationally 0044 113 8160116)

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