Our clients often ask us about the value of IP protection in countries like China or India (or Russia and Brazil, the other “BRIC” countries), due to a perception that IP laws are relatively weak there.
While we don’t give advice about country selection, consider this approach: look how far China has come in IP law and enforcement terms in the last 10 years. Now try to imagine where it might be in another 10 (at which time a patent entering the national phase now will still have 8-10 years to run).
Then, look at the growth of the retail market in China over the last 10 years within the technical field covered by the invention and try assessing where that might be in another 10 years.
Looking at the drastic positive changes in both market size and the effectiveness of IP law, the long-term picture for some technologies can make countries like Brazil, China, India and Russia (and more recent arrivals to the BRIC-type club, such as Korea) essential foreign-filing destinations.
We’ll continue to blog about this topic in the coming months, as (based on the amount of feedback we get) it’s an issue of interest to applicants of all sizes and levels of experience.
Photo credit: Esparta
If you want a quick and free cost estimate of filing into a BRIC country (or any of the 80+ other countries where we operate), use our foreign filing platform for your PCT national stage entry or European validation.