Once China joined the World Trade Organization, it strengthened its legal framework. The country amended its intellectual protection rights laws to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.
Chinese companies need to align with the legislation referring to Chinese IP, before activating on the market. Our Chinese lawyers can provide legal advice on how to protect intellectual property in China.
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Why is it important to do a copyright registration in China?
China signed various international conventions for protecting the copyright right after its creation. Even so, an official certificate is needed for better protection against infringement that may appear at a given time. This certificate represents ownership of the copyright in China.
Works related to art and science are often the causes of copyright infringement in China. But we recommend specialized guidance and legal help from our Chinese lawyers to be able to register copyright in China and better understand how to protect it in case of conflict. It is mandatory to appoint a local agent with experience in this area, in order to be able to make a correct and quick registration. We specify in this case that the registration is done with the National Copyright Administration in China.
How is patent registration made in China?
You must know that a patent is valid in China only if it is registered. Thus, the Patent Office of China National Intellectual Property Administration or CNIPA is the institution that accepts the necessary documents in this process and that performs rigorous verifications before the actual registration. Here is the outline of the procedure, considering the Chinese copyright laws, and what are the formalities that must be observed:
- First, preliminary search and verification are done for the Chinese patent so that the registration of the patent does not conflict with others already registered.
- It is necessary to prepare a series of documents for the Chinese patent, including: application acceptance, standard forms to be filled in with information about the patent, and proof of payment of a fee.
- An application for substantial examination for a Chinese patent will also be made.
- When the documents are accepted and the formalities are respected, the Patent Certificate can be issued.
We recommend the support offered by our lawyers in China to be able to benefit from complete services in order to register a patent. We can provide you with more information about Chinese IP if you are interested in this topic, but also about Chinese patents.
Registration steps for a trademark in China
It is very important to protect your brand by registering a trademark in China. Thus, the China Trademark Office is the institution where these registrations can be made. We list some of the formalities and procedures necessary in this endeavor:
- A trademark in China can be registered following the “first-to-file” principle.
- The trademark must be distinct from those existing on the market, in order not to conflict with others that are similar or even the same.
- If you want to register a trademark in China from another country, you need a dedicated agent for this process.
- The Trademark Office in China is the institution that will perform the necessary checks before registering a trademark.
- After the application submission, the preliminary review and verification of the submitted documents will proceed.
- It goes on to the preliminary approval and announcement notice, for 3 months, during which time other people can use the respective trademark, if it resembles other existing ones or if it is copied.
- But if there is no opposition, the Trademark Office in China can issue a registration certificate. More about Chinese IP can be discussed with us.
Registering a trademark in China takes around 3-6 months, but in this case, we advise you to contact our lawyers in China for more information. They can tell you more about Chinese copyright laws.
Validity of copyright in China
Copyright laws in China are clear regarding the validity of copyright. Thus, copyright in China is valid for an indefinite period. The works, reproductions, distributions, and publications, among others, have a copyright in China valid for the whole life and another 50 years after the death of the author. Therefore, copyright in China is a sensitive subject, but at the same time, there is legislation to protect your rights. We advise you to contact our Chinese law firm for legal advice regarding copyright in China.
On the other hand, if you want to do business in this country and want to relocate, you can collaborate with our immigration lawyers in China. We offer specialized support for immigration to China to ensure a process without errors or complexities.
Stealing intellectual property in China
Stealing intellectual property in China means that a person or a company uses another entity’s intellectual property without rights. Using Chinese copyright without permission is considered a crime. It is clear that stealing intellectual property in China means violating local laws and international agreements. Such things often happen in powerful industries involving goods manufacturing, technology, communication, etc. On the other hand, there are countries that use pressure on large foreign companies, including those from China, to provide classified information, namely trade secrets and intellectual property, which only worsens international business relations. We kindly recommend that you contact us for more information about Chinese copyright laws.
Please contact our law firm in China if you want to find out more guided practices and solutions on how to protect intellectual property in China. We offer legal advice for Chinese IP if you are interested in local and international legislation.