In compliance with WTO rules, Chinese leading intellectual property laws, patent law, copyright law, trademark law were amended respectively in favor of the possessors. Our working team consists of lawyers and experts who are always keeping a close eye on these new tendencies and capable of providing our overseas clients with professional and efficient legal services and, eventually, realizing and maximizing your profits and interests in China.
TRADEMARK LAW OF THE PEOPLES REPUBLIC OF CHINA
The trademark office of the administrative authority for industry and commerce under the State Council shall be responsible for the registration and administration of trademarks throughout the country. The Trademark Review and Adjudication Board under the Industry and Commerce Bureau is assigned for trademark disputes settling.
A registered trademark means a trademark that has been approved and registered by the Trademark Office. Registered trademarks in China include trademark for goods, service trademark, collective trademark, trademark for testifying. The trademark registrant shall enjoy an exclusive right to use the trademark.
Any word, device, letter, figure, three-dimension symbol, color-combination or their combination that is used as a trademark shall be so distinctive as to be distinguishable.
APPLICATION FOR TRADEMARK REGISTRATION
Any foreigner or foreign enterprise intending to apply for the registration of a trademark in China shall file an application in accordance with any agreement concluded between the Peoples Republic of China and the country to which the applicant belongs, or according to the international treaty to which both countries are parties, or on the basis of the principle of reciprocity.
Any foreigner or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall entrust any of such organizations as designated by the State to act as his or its agent.
Where a trademark the registration of which has been applied for is in conformity with the relevant provisions of this Law, the Trademark Office shall, after examination, preliminarily approve the trademark and publish it.
Any person may, within three months from the date of the publication, file an opposition against the trademark that has, after examination, been preliminarily approved. If no opposition has been filed, or if it is decided that the opposition is not justified, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published. If it is decided that the opposition is justified, no registration shall be approved.
Where the application for registration of a trademark is refused and no publication of the trademark is made, the Trademark Office shall notify the applicant of the same in writing. Where the applicant is dissatisfied, he may, within fifteen days from receipt of the notification, apply for a review. The Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
Where the applicant is dissatisfied, he may, within thirty days from receipt of the notification, apply for a litigation.
The period of validity of a registered trademark shall be ten years, counted from the date of approval of the registration. Where the registrant intends to continue to use the registered trademark, an application for renewal of the registration shall be made within six months before the said expiration.
PATENT LAW OF THE PEOPLES REPUBLIC OF CHINA
The Patent Administration Department under the State Council receives and examines patent applications and grants patent rights for inventions-creations that conform with the provisions of this Law.
This Law is enacted to protect patent rights for inventions-creations which mean inventions, utility models and designs. Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability. For any of the following, no patent right shall be granted:
(1) scientific discoveries;
(2) rules and methods for mental activities;
(3) methods for the diagnosis or for the treatment of diseases;
(4) animal and plant varieties;
(5) substances obtained by means of nuclear transformation.
For processes used in producing products referred to in items (4) of the preceding paragraph, patent right may be granted in accordance with the provisions of this Law.
The duration of patent right for inventions shall be twenty years, the duration of patent right for utility models and patent right for designs shall be ten years, counted from the date of filing.
APPLICATION FOR PATENT REGISTRATION
Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
Where any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, he or it shall appoint a patent agency designated by the State Council of the Peoples Republic of China to act as his or its agent. Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent.
Where an application for a patent for invention or utility model is filed, a request, a description and its abstract, and claims shall be submitted.
Where, after receiving an application for a patent for invention, the Patent Office, upon preliminary examination, finds the application to be in conformity with the requirements of this Law, it shall publish the application promptly after the expiration of eighteen months from the date of filing. Upon the request of the applicant, the Patent Office publishes the application earlier.
Upon the request of the applicant for a patent for invention, made at any time within three years from the date of filing, the Patent Office will proceed to examine the application as to its substance. If, without any justified reason, the applicant fails to meet the time limit for requesting examination as to substance, the application shall be deemed to have been withdrawn.
The Patent Office shall set up a Patent Reexamination Board. Where any party is not satisfied with the decision of the Patent Office rejecting the application, or the decision of the Patent Office revoking or upholding the patent right, such party may, within three months from the date of receipt of the notification, request the Patent Reexamination Board to make a reexamination. The Patent Reexamination Board shall, after reexamination, make a decision and notify the applicant, the patentee or the person who made the request for revocation of the patent right.
COPYRIGHT LAW OF THE PEOPLES REPUBLIC OF CHINA
Works of foreigners first published in the territory of the Peoples Republic of China shall enjoy copyright in accordance with this Law.
Any work of a foreigner published outside the territory of the Peoples Republic of China which is eligible to enjoy copyright under an agreement concluded between the country to which the foreigner belongs and China, or under an international treaty to which both countries are party, shall be protected in accordance with this Law.
Filling Application for Patent, Trademark and Copyright
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