The intellectual property
is protected in China
through a series of international treaties and by the provisions of the national law. The country is a member of the World Trade Organisation and investors in China
will enjoy a certain degree of protection for their property rights
. The State Intellectual Property Office
is the patent office of the country, which is responsible for implementing the Intellectual Property Law
and receiving applications for patents, copyrights, and trademarks. Our law firm in China
can help you with intellectual property protection
by helping you register your design, ideas or products for doing business in China
Intellectual property rights in China
The intellectual property (IP) refers in most cases to a number of inventions, designs or creations which are produced by a business and the respective company uses them as assets. In China, the intellectual property means:
• copyright: for songs, literary works or other artistic works;
• patents: for commercial inventions;
• designs: for drawings, architectural designs etc.;
: signs, logos, words, sounds, combinations of colors and others that help differentiate a company in China
from its competitors.
China has distinct laws in place for patents, trademarks or copyright. The Anti-unfair Competition Law provides some degree of protection for unregistered trademarks. Regardless of the types of IP you need protection for, our attorneys in China can help you submit the necessary applications to ensure that they are protected.
Ensuring legal protection for IP rights in China
In order to make full use of their intellectual property rights
and to make sure that they are the only ones using them, companies operating in China
should register these rights. Counterfeit or infringement
cases can be solved either through an administrative action or through civil litigation
. Negotiation and mediation are two legal practices which can be used in cases where the property rights
have been infringed. By doing this, you can avoid going to court.
Intellectual property rights protected at the people’s court in China
Any person, local or from overseas, with activities protected by the Intellectual Property Law in China
and whose rights have been infringed can solve the dispute in the people’s court in China
by receiving operative judicial protection immediately. Furthermore, the people’s court
will only consider the legislation in this matter and will act independently, without being subject to any public or administrative organization in China
The infringement cases in China are issued with complete attention to the facts and with the criterion provided by the Copyright Law. One should know that, if the infringement of the intellectual property rights is severe and considered a serious offence, the people’s court in China has the power to enforce punishments like penalties or imprisonment, according to the rules and regulations in this matter.
Please consider that for a litigation process in China, suitable legal representation is mandatory, therefore do not hesitate to talk to your Chinese attorneys.
The protection of the rights in the commerce field in China
The administrative departments for industry and commerce in China
have the responsibility of preserving the economic order and can also make several investigations in varied areas to see if the intellectual property rights
are respected. The administrative offices of China’s intellectual property rights entities
are meant to protect the rights and interests of companies and individuals regarding the trademark in China
in a fair manner. Numerous foreign entrepreneurs with activities in China
consider the intellectual property rights
protection a must on the highly developed market in the country, where authorities should involve even more by successfully enforcing the law in each case of infringement.
One of our lawyers in China
can give you more information about how to legally protect your intellectual property
and how you can solve any legal disputes that may arise, so please feel free to contact us