Offshore Software Outsourcing China & IP rightsWednesday, May 10, 2006
Many medium and small sized organizations that engage in OEM manufacturing or Offshore Software Outsourcing in China not succeed to take the steps required for protecting themselves. When problems come, they can’t do little thing or nothing for protecting themselves due to no legal basis of protection available. The cost of protection like that is modest as compared to the protection it will provide. The fact is that offshore outsourcing problems should resolved in China, under the legal system of China. Over the last ten year or so the Chinese legal system has improved effectively and taking some legal steps that can greatly reduce the risk of Outsourcing service buyers. There are some of tips to be followed and it will greatly reduce your problems with Chinese Software Outsourcing vendors, while it will improve your chances of recovering from many of problems.
Register the trademarks of Offshore Software Outsourcing Company in China. With guarantee it can protect the future access of your Software Development Company in the market of china. Prevent the real export of counterfeit goods from China, and also prevent your competitor from registering your unique mark in China that could prohibit you from exporting your own product and services of Software outsourcing from China.
Create and properly register your IP rights in the America. If you do not have any Software company for your Intellectual Property rights under American law, you will have nothing to be protected in China. Before going to China, be sure that IP is protected under law of U.S. Protecting of your brand identity by creation and registration trademark, slogan and logo with the U.S. Patent & Trademark Office. Register your important copyrights with the U.S. Copyright Office. Carefully identify and protect your trade secrets, proprietary information and know how.
Small and medium Offshore Software Outsourcing firm
Small and medium Offshore Software Outsourcing firm usually do not have any extensive portfolio of patents and logos. So, their most valuable intangible assets typically are the trade secrets that can’t be protected by formal registration. However the law of China, permits organizations to contractually protect the trade secrets by contract. Agreements like this may also address some issues such as non-competition & confidentiality, without written agreement such as this it’s not available protection for Offshore Outsourcing.
Do not make final payment to your Chinese Offshore Software Outsourcing service vendors until you are with confidence of getting an on time delivery of the correct items & quantities at the quality standards you needed. For providing clear procedure with dealing, these problems arise usually means you must incur inspection costs in China. Using of comprehensive agreements of OEM with each IT service provider. The purchase order will definitely protect the Chinese Offshore Software Outsourcing service provider, not you.