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	<title>Peter Rabbit and IP Protection of Fictional Characters in China</title>
	<link>http://www.chinaclue.com/550673-Peter-Rabbit-and-IP-Protection-of-Fictional-Characters-in-China.html</link>
	<pubDate>Sat, 06 Aug 2011 09:49:40 -0400</pubDate>
	<category><![CDATA[Law]]></category>
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         INTRODUCTIONIn late September of last year, Beijings No  IntermediatePeoples Court heard a case involving the Chinese Press usingpictures of Beatrix Potters fictional character, Peter Rabbit,on books. The British company Frederick Warne Co. Ltd. allegedinfringement upon their trademark of Peter Rabbit illustrations,which was registered in  a decision has not yet beenreached in the case.The rights attached to a fictional character can generally bereferred to as property rights. As is the case wi...	</description>
	<content:encoded><![CDATA[ INTRODUCTIONIn late September of last year, Beijing's No  IntermediatePeople's Court heard a case involving the Chinese Press usingpictures of Beatrix Potter's fictional character, Peter Rabbit,on books. The British company Frederick Warne Co. Ltd. allegedinfringement upon their trademark of Peter Rabbit illustrations,which was registered in  a decision has not yet beenreached in the case.The rights attached to a fictional character can generally bereferred to as 'property rights'. As is the case with mostproperty, those rights include the right to use a fictionalcharacter's name, image, appearance, etc., to receive thebenefits resulting thereof and the right to dispose of it. Theserights are in principle owned by the creator of that characterunless lawfully transferred, created in the course of hisprofessional activity for his employer, commissioned to becreated, or conferred on the creator's descendants for theexploitation of hisher work. The secondary expl...]]></content:encoded>
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	<title>Outsourcing in China</title>
	<link>http://www.chinaclue.com/322686-Outsourcing-in-China.html</link>
	<pubDate>Fri, 05 Aug 2011 10:48:37 -0400</pubDate>
	<category><![CDATA[Law]]></category>
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        Many small and medium sized companies that engage in OEMmanufacturingoutsourcing in China fail to take the stepsnecessary to protect themselves. When problems arise, they cando little or nothing to protect themselves because they have nolegal basis for protection. The fact is that outsourcingdisputes must be resolved in China, under the Chinese legalsystem. The Chinese legal system has improved greatly over thepast ten years and taking a few basic legal steps can greatlyreduce your risk. The cos...	</description>
	<content:encoded><![CDATA[Many small and medium sized companies that engage in OEMmanufacturingoutsourcing in China fail to take the stepsnecessary to protect themselves. When problems arise, they cando little or nothing to protect themselves because they have nolegal basis for protection. The fact is that outsourcingdisputes must be resolved in China, under the Chinese legalsystem. The Chinese legal system has improved greatly over thepast ten years and taking a few basic legal steps can greatlyreduce your risk. The cost of such protection is modest comparedto the protection it will provide. The following five basic steps will greatly reduce your problemswith Chinese manufacturers, while improving your chances ofrecovering should any problems arise. . Create and properly register your intellectual propertyrights in the United States. If you do not have a firm basis foryour IP rights under U.S. law, you will have nothing to protectin China. Before you go to China, be sure your intellectualpro...]]></content:encoded>
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