In compliance with WTO rules, Chinese leading intellectual property laws, patent law, copyright law, trademark law were amended respectively in favor of the possessors in the year of 2000 and 2002. The intellectual property working team of Tian Bo Law Firm 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

AUTHORITIES

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.

TRADE MARKS

A registered trademark means a　trademark that has been approved and　registered　by the Trademark Office. Registered trademark 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 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.

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 PEOPLE'S REPUBLIC OF CHINA

AUTHORITIES

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.

PATENT

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　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.

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 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.

Any　 work　 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.

OUR SERVICE

Drafting Agreement
Filling Application for Patent, Trademark and Copyright
Licensing
Software Registration
Dispute Settlemen