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Innofy IP
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I think a lot of the convolution comes from the fact that the intellectual property systems of each country are largely independent from one another. Let’s just leave it at – we’re working on it!

I think it is also worth distinguishing between situations where the Chinese company manufacturing a protected product for sale/distribution within China – which I agree could be expensive to do much about. But – if the Chinese manufactured product was intended for distribution/sale in Australia – then I disagree that it is expensive to put a stop to it.

From my experience, most Aussie distributors would not touch imported product as soon as they realise that there is a potential patent infringement. The risk simply isn’t worth it to them. I have seen, time and time again, individuals import Chinese manufactured product into Aus for distribution by an IGA or the like. As soon as IGA (or any other similar retailer) catch wind that there is potential IP infringement – they will typically send back all product and not pay a cent for it. This creates a huge risk for the importing individual – who is left with large volumes of the product that he simply can’t shift.

As much as I do respect your opinion, as it is clear that you have had negative experiences, I think we’ll have to agree to disagree that an owner of an IP right should be concerned about having to defend that right. From experience, I have found that most small businesses use their IP to either: (1) increase company value / attract investment (how much to the Sharks’ eyes light up once they hear in the pitch that there is a patent application pending); and (2) simply as a deterrent. The vast majority of companies don’t set out to infringe patent rights.

There really aren’t many Samsung and Googles out their that love nothing more than a good litigation fight!