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Brand Protection in China

Brand Protection in China. Ron Davis Senior Director, Brand Protection Qualcomm Incorporated April 30, 2013. Brand Protection in China. Engage in China – QBPC Networking – Learn from your peers Enforcement through cooperation with administrative agencies

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Brand Protection in China

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  1. Brand Protection in China Ron DavisSenior Director, Brand Protection Qualcomm Incorporated April 30, 2013

  2. Brand Protection in China • Engage in China – QBPC • Networking – Learn from your peers • Enforcementthrough cooperation with administrative agencies • Multi-layer protection strategy

  3. WELL-BRANDED PRODUCTS ARE ALWAYS COUNTERFEITED

  4. Engage in China - QBPC • Beijing-based volunteer association under CAEFI/MOFCOM • Established March 2000 • 210+ multinational member companies, most of which are companies headquartered in America, Europe and Asia • Annual membership survey assessing status of our efforts • Representing over US$ 80 billion in investment in China • QBPC has a voice in China Quality Brands Protection Committee China Association of Enterprises with Foreign Investment www.QBPC.org.cn

  5. Quality Brands Protection Committee China Association of Enterprises with Foreign Investment NETWORKING 213 MNC Members

  6. Mission Statement“building the bridge” To work cooperatively with the Chinese Central and local governments, local industry, and organizations to make positive contributions to intellectual property protection in the People’s Republic of China. Quality Brands Protection Committee China Association of Enterprises with Foreign Investment

  7. 7 Committees • Best Practices / Enforcement Committee • Communications Committee • Customs Committee • Government Cooperation Committee • Legal Committee • Membership Services Committee • Patent & Innovation Committee Chairman & 6 Vice Chairmen Quality Brands Protection Committee China Association of Enterprises with Foreign Investment

  8. 22 Industry Working Groups Quality Brands Protection Committee • Imaging Supplies • IT • Lighting • Luxury Goods • Personal Care • Pharmaceutical • Power Tools • Refrigeration & Air-Conditioning • Sporting Goods • Toys & Licensed Goods • Wireless & Integrated Circuit China Association of Enterprises with Foreign Investment • Agricultural • Audio & Musical Instrument • Automotive • Battery • Construction & Integration • Creative • Electrical Distribution • Food & Beverage • Fast Moving Consumer Goods • Golf • Home Appliances

  9. Engaging Government, Agencies & Courts Central Government Solicits Comments from QBPC/“Industry” • 15- 20 opportunities annually - Draft Amendments, Rules, Case Transfer Procedures, New and Amended Laws (i.e. Draft Anti-Monopoly Law ) Chinese Government Participants at QBPC Events • 2011-2012 - Director Generals (DG), Deputy DGs & Directors of General Administration of Customs (GAC);Ministry of Commerce (MOFCOM), Ministry of Public Security (PSB); State Intellectual Property Office (SIPO),State Administration for Industry & Commerce (SAIC); General Administration for Quality Supervision, Inspection & Quarantine (AQSIQ);Economic Crime Investigation Department (ECID). • Judges of Supreme People’s Court (including IP Tribunal & Procuratorate) and People’s Court: High Courts, Intermediate Courts & Peoples Procuratorate. • Economic Crime Investigation Department (ECID), Quality Brands Protection Committee China Association of Enterprises with Foreign Investment

  10. Top 20 Best Practices - Winners Quality Brands Protection Committee China Association of Enterprises with Foreign Investment WANG Chao, Assistant Minister (now Vice Minister) of MOFCOM Presenting Awards

  11. 5 Model Cases of Harmonizing Administrative & Judicial IP Enforcement • New for 2013 • Selection Criteria: Case needs to be prosecuted for IP crimes , because • Amount involved satisfies relevant criminal thresholds for IP crime; or • Seriousness of illegal facts may constitute IP crimes. • Agencies notified the IP owner, and requested the PSB to intervene • PSB has accepted the case • Economic Crime Investigation Department (ECID), Quality Brands Protection Committee China Association of Enterprises with Foreign Investment

  12. Membership Quality Brands Protection Committee China Association of Enterprises with Foreign Investment

  13. BP Multi-layer protection strategyDetection / Response / Prevention Attack Supply and Demand Re-active: • Case investigations • Product testing • Escalation to Management Pro-active: • Raids and supply-chain investigations • Legal proceedings • Company policy changes • Supplier initiatives • Controlled buys • Customs initiatives Preventative: • Labeling • Business Processes – scrap process • Manufacturing and engineering changes • CF Prevention Technology • Training and education

  14. Practical Brand Protection Thank You Ron Davis Senior Director, Brand Protection Qualcomm Incorporated

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