Intellectual Property

Trademark Protection

Foreign investors may apply for trademark registration in China in the name of enterprise or individual or entrust a trademark agency to do such as common practice. China practices the Nice International Classification for Goods and Services for trademark registration in which goods are classified into 34 categories and services into 11 categories. It takes about 12-18 months for the registration. The validity of the registered trademark is 10 years, which can be extended for a period of 10 years upon expiry.

Rights of Priority

China practices the protection principle of priority, and prior application is the key for successful trademark registration. At present, China has signed trademark agreement with many countries and international organisations, enjoying the rights of priority on the international scale as follows:

• • If a trademark application is submitted in China again within six months from the date on which it is first submitted in a foreign country, the applicant of such trademark may enjoy the rights of priority according to the agreement signed between China and such country or the international treaty in which both parties joined.
• • If a trademark is first used on the commodity which is displayed on the international exhibition recognised by the Chinese government, the applicant of such trademark may enjoy the rights of priority within six months from the date on which the commodity is displayed.

Trademark Use

The owner of the trademark may gain the maximum value of the trademark through transferring or licensing.

Patent Protection

Foreign investors may apply for a patent in the name of enterprise or individual in China. The types of patent in China include Invention, Utility Model and Design Patent. Invention and Utility Model Patent shall be inventive, creative and practical, and Design Patent shall not be similar to or the same as the published or used design. The maximum validity of Invention Patent is 20 years, and the maximum validity of Utility Model and Design Patent is 10 years.

Rights of Priority

A patent applicant may enjoy the rights of priority, in accordance with any agreement entered into between an oversea country and China or an international treaty under which both of them are parties, for a period of 12 months (6 months for application of Design Patent) immediately from the date on which the initial patent application for the same invention or a utility model was made and such patent application was also made in China.

Patent Use

The owner of a patent may authorise other people to manufacture products according to his/her patent or to use such patented

Customs Recordal

The trademark or patent owners may apply for customs recordal to China General Administration of Customs. If any infringing goods are discovered by the owners or the Customs, such goods may be detained by the Customs at once and verification is to be made with the owners for protecting the legitimate interests of the owners.

Copyright Registration

Copyright is also known as rights of authorship. According to the Copyright Law of the People' Republic of China, a foreigner whose works are first published in China shall be entitled the copyright in China. On the basis of the signed agreement of the a foreigner’s home country and China or an international treaties joint by both parties, the foreigner will be entitled to the rights of authorship of his/her work published outside China. Copyright registration shall be subject to the principle of free will. Registration in the competent department of China will better protect such work in China and is a significant legal evidence.