CHALLENGING CHINA
While Mandarin is spoken by more than 70 percent of the population, there are numerous other languages, including Cantonese, Min, Xiang, Gan and Hakka. Tat poses problems both with gathering information and presenting it to Western clients. Many Chinese words have no direct translation into English. A Western investigator without relevant language skills is therefore at a considerable disadvantage.
Most investigation is a combination of public record research and source interviews. In China, far less information is a matter of public record. More importantly, it is not cultural practice to discuss business with third parties with whom there is no pre-existing relationship. Oſten information can only be obtained through face- to-face meetings, leading to investigation costs that are surprising to Western brand owners.
What are the solutions?
When planning investigation work in China, brand owners should consider:
• Do the investigators have experience of working in China? Ask for examples of cases and for client references.
Graham Robinson is managing director of Farncombe International. He can be contacted at
info@farncombeinternational.com
• Is it necessary for the investigators to be based in China? If investigators in China are engaged, they may require close management and their results may need more interpretation than if Western-based investigators are engaged. Experienced Western investigation firms will have a network of reliable local agents. More sophisticated Western firms will employ Chinese nationals who have the necessary language skills.
• Is your aim to dismantle an organised criminal gang or simply to close down an infringing website? Te latter is likely to require far fewer resources than the former.
• Do you want to revoke a Chinese trademark and/or sue for infringement, or will it be more timely and cost-effective to simply acquire a registration? While it may be irritating, commercially, it may be more effective.
Graham Robinson gained his law degree from the University of East Anglia and then qualified in 1997 as a solicitor specialising in intellectual property litigation at the London law firm Nabarro Nathanson. He subsequently practised at Olswang in the firm’s intellectual property group. Robinson joined Farncombe International in 1999 and became managing director in 2003. Farncombe is the largest dedicated IP investigations company in Europe and is part of the Bishop Group, which works frequently in China and throughout the Far East.
www.worldipreview.com
World Intellectual Property Review May/June 2011
47
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