China's Smartphones

Abstract The production of copycat phones manufactured in China has a massive impact on the sales of major smartphone players. This paper will evaluate whether products have intellectual property (IP) rights to protect their designs in China in comparison to Australia. There are IP rights to protect designs in China – the patent law for outward design. However, even with the existence of IP laws, applicants are not fully protected because of: the weak IP law enforcement; the corruption that exists within the political structure; and the legal history and culture in China. Introduction Smartphones have become an essential part of many lives in this day and age. Therefore, to cater to the demands of the public, companies like Apple and Samsung manufacture and produce different types and designs of smartphones to meet the needs of consumers. As smartphone sales increase, this creates many opportunities for copycat phones to enter the markets. These copycat phones look almost identical on the exterior but run on an operating system of inferior quality leading to secondrate product specifications. These copycat phones are mainly manufactured in China and sold at a cheaper price. The low price offered offsets the drawbacks of the copycat phones. As a result, major players in this industry face threats such as falling sales of genuine smartphones and lower market share. To ensure that the major players are not disadvantaged, China will have to bring the production of copycat phones to an end by imposing the law of intellectual property (IP) rights. This paper will evaluate whether products have intellectual property (IP) rights to protect their designs in China in comparison to Australia. The scope of the paper will be limited to the following: 1. The design IP rights laws in China. 2. The design IP rights laws in Australia. 3. The analysis of World Intellectual Property Organisation for design IP. 4. The analysis of World Trade Organisation for design IP.

Both China