How To Protect Intellectual Property Of Foreign Companies In China: Trademark As A Sample

The economic change in China has been started, the old stereotypes about low-wage (cheap) China is fading, Chinese are starting to build their own quality products, and it is emerging from China and being sold around the world, this ambitious country is officially perfecting the art of doing business and becoming a target market rather than just a production facility.Now, China is one of the fastest developing markets in the world and of course this tremendous growth potential attracts a lot of foreign companies to do business in China. This choice of collaboration showed benefits on growing and developing markets, also, has proven for many companies to be a huge problem where intellectual property has been cheated or stolen because the security weakness of their IP, or as we call it with legal terms:intellectual property infringement especially when Chinese industry become of a great concern for western companies hence the problem of trade mark infringement.The goal of this thesis will be how to protect a company's intellectual property in general, focusing on trademark specifically.Why focusing on the trademark while deciding to make a research about China, simply because The Chinese represent a quarter of consumers in the world and owners of foreign brands must therefore carefully master how to make a business in the Dragon country and succeeded.The thesis will take its starting point from the assumption that is impossible to have a safe trademark secret in China due infringements. This thesis will examine the reasons of this so called failure from the Chinese legal system and go through the history of China's intellectual property law to be able to show that legal intellectual property framework in China is pretty much in accordance with the western framework and that the failure is certainly caused by the trademark owners themselves and an unclear contract, also the thesis will concentrate on the importance of a protected trademark by showing examples of infringements happened in china in these recent years,analyze the examples in order to have a clear vision about the type of common mistakes businessman can face while starting a business in China.The thesis will have a comparative analysis to emphasize the judicial differences for protecting trademark and cultural differences; every country has its specific culture and china regarding its long history has its own manner which Impact the business, a foreigner should look at the whole image and not neglecting the Chinese culture.The thesis will give solutions of the trademarks infringements using an adequate contract and motivate the employees as well. In a result, the difficulties facing trademark owners to protect a trademark in China is the mixture of different issues together that's why improving the protection will need a solid cooperation between government, juridical system and the trademark owners. To understand the aim of the thesis economic analyses will be provide.The thesis will combine law and economics for a complete image theory.