Interesting post on IP Dragon, entitled “What Global Players Could Learn From Wii versus Vii.
It is on how Nintendo is beating back a (legal/illegal?) Chinese rival making a game called Vii that mimics and even seeks to improve upon the Wii. IP Dragon puts forth the following fine tips on staying ahead of counterfeiters:

• Launch your product in every country on the same date;
• If you build up a hype you have to be able to supply demand afterwards, to suck out the air for counterfeiters;
• Listen to the market needs and keep improving and differentiating your product all the time;
• Register trademarks, design rights and patents in countries where you can expect infringements (including China) and enforce infringements fiercely (including China).

An excellent Chinese lawyer with whom we frequently work is of the view that the most effective protection against counterfeiters by far is to trademark your brand and then constantly update it. He believes doing this will usually (but, of course, not always) preclude the need for a patent.
For more on the issue of Chinese counterfeiting, check out the following posts:
China: Counterfeiting And Piracy — The Issue And The Challenge“;
Update To China Counterfeiting And Piracy — The Issue And The Challenge“;
Warner Brothers Fights Chinese Counterfeiters On Their Own Turf“;
Not Exactly Counterfeit — New Balance Shoes And China’s ‘Third Shift’“;
Xiangyang Market Redux — China Counterfeiting Keeps On Ticking“;
Microsoft On China Software Counterfeiting: That Feels Good, Can I Have Some More?“.

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Photo of Dan Harris Dan Harris

Dan is a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

He primarily represents companies doing business in emerging market countries, having spent years building and maintaining a global, professional network.  His work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

He was named as one of only three Washington State Amazing Lawyers in International Law, is AV rated by Martindale-Hubbell Law Directory (its highest rating), is rated 10.0 by AVVO.com (also its highest rating), and is a recognized SuperLawyer.

Dan is a frequent writer and public speaker on doing business in Asia and constantly travels between the United States and Asia. He most commonly speaks on China law issues and is the lead writer of the award winning China Law Blog. Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed Dan regarding various aspects of his international law practice.

Dan is licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at his firm, Dan focuses on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.