I had an email from a former client this past week. She is the founder of a company that makes a popular line of kids bags and she is looking for new factories in China. She had a strategy question for me as follows:
“I am sending samples for pricing from a factory that came highly recommended and of course they are asking how many SKUs etc. I have not actually revealed my brand as yet because I don’t want them to base their pricing by looking at our website prices. Do you think that this is wise? Or should I send them our catalog so they can see all of our SKUs and then give them target pricing ? Which do you think is a better strategy? “
This is a good question and I replied to her as follows:
“It is always a fine line to tread between being paranoid about things and being careful.
I personally never recommend revealing your brand until it is absolutely necessary and I usually advise people to have mock ups without branding to submit to prospective vendors. But if you feel they may know who you are already since you have been communicating with them or because you came recommended from someone else who has used them, then it is probably not a good idea to try to conceal who you are.
But this leads me to a good point and that is that I think it is a good idea to have some mock ups made up from your current vendor so that in the future you can approach prospective vendors without revealing your company and retail pricing. First costs from new vendors are important because those costs serve as the basis for your first few orders. If they are high to begin with then when your vendor starts raising costs on your 2nd or 3rd orders ( as often happens) you may be priced out of doing business with them quickly. If on the other hand you can negotiate a low first cost to begin with then even when the cost goes up you may still be able to hit your margins while you fulfill orders and look for a new vendor. Making sure your vendor does not know your retail pricing goes a long way in keeping your first costs low. And mock-ups will help you achieve this.”
A friend of mine reached out to me recently asking me to help him apply for China patents for a new product. Apparently someone had approached him because he used to work for a FORTUNE 500 company in China and wanted to enlist his expertise. So my friend came to me, thinking IP protection was the place to start. I told him what I tell a lot of people, namely if you are going to be paranoid about losing your IP in China then you shouldn’t be doing business over there in the first place. It is simply one of the endemic risks of doing business there, much as mosquitoes are one of the endemic risks when you go camping.
My friend left China in 1997 and since his return to the US he has worked in Silicon Valley, doing non China-related stuff. I think he has forgotten that when you do business in China you cannot expect Western principles of transparency, accountability and integrity to apply there, because they often do not. In other words, just because you apply for and are granted a China patent does not mean that you will be home-free to manufacture your product in China without problems. Someone will always come up with something similar to your product and exploit a loophole in the Chinese patent application (which is a complicated and time consuming process) and there would be little you could do about it, short of costly international litigation. Are you going to be able or willing to do this? If you are a small business with a limited budget the answer is no.
I gave my friend the advice which I always give to others, namely to focus on securing IP in the country where you will be selling your product so as to protect your own market. If you have registered trademark and patent here in the US no one can sell your product but you. If you want to take your designs to China then don’t be overly concerned about IP and take refuge in the fact that unscrupulous individuals in China who are bent on appropriating someone else’s IP are usually focused on bigger companies where the payoff is much larger. When you grow that is the time to start worrying about IP and taking the necessary steps in China to protect yourself such as Trademark protection.
I have written a lot on this subject. Here are some other posts you will find useful.