Copyright or Right to Copy? - Design and IPR in China. By Henrik Jeppesen, International Managing Director, CBD Design

The inherent paradox of modern Chinese aesthetics is the ‘new’ versus the ‘copy.’ As westerners – and, indeed, as designers – we have a lot to learn about Chinese culture and the logic with which the Chinese people embrace this paradox.

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The phenomenal growth of the Chinese market makes it an intimidating yet a promising market to take on. My partner and I ventured to expand and globalize our business by establishing a design office in Beijing in 2001. In many ways our decision proved a considerable challenge but also an experience we would not want to have done without. Today, we know the difficulties that await our European clients in China and are able to ensure that their product innovations are properly protected. Our Beijing office presently counts 24 employees, and among our Chinese clients are such huge corporations as Haier, Sany and Amoi.

The Noble Art of Copying
Our story begins with the realization that copying carries entirely different connotations in China than it does in our tradition. However difficult it may be for us to grasp, we have learned that in China you do not separate copy from innovation. You learn from the master by copying the master, and the Chinese school system has a long tradition of teaching its pupils to master the beautiful ancient graphic characters by copying them. Reproducing these graphic characters to the letter (so to speak) is a noble art form. So in fact, being copied is an honour rather than an insult.

This particular mindset is something we often encounter when we manage design projects in China Needless to say, it has the potential to conflict with intellectual property rights. Therefore, local protection and patenting of innovations and designs has become of increasing importance for our clients in China, while the economic growth causes fiercer competition every day.

New Values
While the Chinese aesthetics views copying with respect, we at the same time witness a very strong appeal of all things ‘new.’ Paradoxically, during the course of the past 10 to 20 years ‘new’ in itself has become a selling power in this highly tradition-bound country. Certainly, this further stresses the importance of innovation and product development and the subsequent protection of new ideas in order to compete in this fast moving market. As westerners, we are challenged daily by the speed with which change is taking place in China, and we are forced to reflect on our instinctive reaction which is “we know best.”

However, IPR and design are areas where we are still able to teach our Chinese clients something of value. When being briefed for a project in China, it is not uncommon for us to be handed material from our clients’ competitors, which would be entirely unheard of in Europe. We always advise our clients against using such material, and we aim to make them aware of the fact that this seemingly unhindered flow of confidential information is likely to occur both ways. We try to share with our clients – without lecturing them – the understanding with which we approach development: being innovative means not doing what the competition does.

Yin Yang
Our story closes (for now) with another interesting lesson we have learned in China: the paradox represented by the seemingly opposite characteristics of the ‘new’ and the ‘copy’ is a lot less frustrating to the Chinese than it is to us. Rather, the way they see it, the notion of ‘copy’ does not contradict the notion of ‘new,’ because according to their understanding, a copy is a new version of the old. The explanation can be found in the ancient symbol Yin Yang which permeates the Chinese perception of opposites. In Chinese philosophy, Yin Yang depicts how dualities, or opposites, are interconnected and dependent on each other, carrying with them a defining part of each other. We have found that it is of great importance to understand or at least remember this way of viewing opposites and that, however difficult it may be, when doing business in China, we are forced to reflect on the way we perceive things. It is our experience that we are better for it.

About CBD
CBD is an internationally recognized design company which has been in the design industry for more than 30 years. The company specializes in Market and Trend Research, Business Development, Strategic Design, Industrial Design, Graphic Design, Exhibition Design, Technical Design, Innovation and Branding. CBD has offices in Denmark, China and Vietnam.

www.cbd.dk

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