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 PEOPLE'S
REPUBLIC OF CHINA
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
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
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 People's 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.
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.
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
PATENT LAW OF THE PEOPLE'S
REPUBLIC OF CHINA
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.
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.
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 People's 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.
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
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.
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 PEOPLE'S
REPUBLIC OF CHINA
Works of foreigners
first published in the territory of the People's Republic of China shall enjoy
copyright in accordance with this Law.
of a foreigner published outside the territory of the People's 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