How do I protect intellectual property in China?
Also before you begin make sure that you have the services of a good lawyer with experience in Chinese IP law. …It also helps to have a network of people in the same industry. …The big thing is to make sure that before you start,all your IP is properly trademarked,patented,and copyrighted under Chinese law. …
What is the copyright law in China?
Unlike patents or trademarks, there is no unified registration system for copyright in China. Currently, the Copyright Protection Centre of China (CPCC) and several competent regional copyright bureaus are responsible for the registration of works and software copyright.
What are the laws governing intellectual property?
The U.S. “intellectual property system“ contains elements of both Federal and State law. Laws related to copyright, patent, and trademark all fall under Federal jurisdiction while laws concerning trade secrets are covered under State jurisdictions.
What are the legal challenges with intellectual property?
Intellectual property challenges are the threats to the stability of copyright, trademark, patent, and other areas of intellectual property (IP) protection. The balance between the interests and needs of creators and the public is a fundamental underpinning of IP law .
What is the trademark law in China?
Law: PRC Trademark Law, 1982; amended in 1993, 2001, 2014, and 2019. Relevant ministry: Trademark Office (TMO) of the National Intellectual Property Administration (CNIPA) Registered trademarks approved and registered by China’s Trademark Office ( TMO) of the CNIPA gives registrants an exclusive right to use the trademarks.
What is the PRC patent law?
Relevant ministry: CNIPA. A patent grants a legal right to patentees for their creations, including inventions, utility models, and designs. According to Article 22 of the Patent Law, inventions and utility models shall be novel, creative and of practical use to having a patent been …
How long does it take for a TMO to conduct a substantive examination?
TMO conducts preliminary and substantive examination (within nine to twelve months of the filing date);
How long is a patent valid in China?
A patent granted for inventions is valid for 20 years while the term for utility models or designs is 10 years.
How long does it take to get a patent?
A patent application can be submitted in electronic or written form. A patent application takes three to five years on average for invention patents, while the duration for utility model and design patents is one year.
What is intellectual property in China?
Intellectual property protection in China is a major concern for foreign businesses and a key target for establishment reforms. In March 2018, the National People’s Congress approved setting up the State Administration for Market Regulation (SAMR), which governs China’s National Intellectual Property Administration (CNIPA).
Who produces China briefing?
China Briefing is produced by Dezan Shira & Associates. The firm assists foreign investors throughout Asia from offices across the world, including in Dalian , Beijing , Shanghai , Guangzhou , Shenzhen, and Hong Kong. Readers may write to [email protected] for more support on doing business in China.
What is the challenge of IPR arbitration in China?
The main challenge when it comes to IPR arbitration in China is the very narrow scope of arbitration in the mainland. Article 3 (2) of the PRC Arbitration Law prohibits disputes over patent and trademark validity. Such disputes are only handled by the Patent Review Board and the Trade Mark Adjudication Board, respectively.
What is the patent law in China?
The Patent Law of the PRC encourages invention and creation, specifically the development of science and tech. Patents are granted on a first-to-file basis and only to designs that are distinctive and do not conflict with existing patents. Once granted, no entity or individual is allowed to use the patent without consent of the patentee. That being said, China does not have a patent opposition procedure. This means that any entity can challenge the validity of an existing patent by submitting an invalidation application to the Patent Review Board alongside with sufficient evidence.
What is the copyright law in the PRC?
The Copyright Law of the PRC aims to protect the authors’ copyright of literary, artistic, and scientific works. Copyright owners are not required to register their copyrights as they are automatically protected in accordance with the Berne Convention. There is a policy of voluntary copyright registration, but having an issued copyright certificate can help owners easily prove ownership during disputes. Works created by companies typically hold copyright terms for fifty years.
What is the force of arbitration awards?
Arbitration awards only have the force of affecting parties in the suit. Other entities with interest in the suit can challenge the award or the IPR in other administrative bodies with jurisdiction.
What is the SPC in China?
Since the Supreme People’s Court’s (SPC) launch of the Outline of Judicial Protection of IPR in China (2016–2020), China has committed to improving its IP regulations. Its main areas of improvement included better compensation for damages and better rules regarding evidence.
How many judges are there in the IP courts?
The IP courts consist of 20 to 30 judges, while IP tribunals have 12-15 judges. The judges all have a mixed background in law and technology, and some have years of knowledge handling IP related disputes. These new courts have the specialized technical knowledge to support, promote, and improve the efficiency and quality of IPR enforcement.
Why is it important to get explicit supporting documents of your IP?
It is crucial to get explicit supporting documents of your IP, because Chinese courts have placed stringent legislative requirements to admit foreign evidence in Chinese IP suits. Evidence preservation orders and recommended.
How to litigate intellectual property cases?
In the United States, parties usually obtain information through the pre-trial procedure of discovery, which includes interrogatories and depositions, as well as requests for admissions and access to documents, real property, or other relevant items for review or testing. In China, on the other hand, no formal process of discovery exists, and there is no requirement that IP infringers provide evidence, such as sales or accounting documents, that could be used to show infringement. In fact, the burden to provide evidence is on the plaintiff. Many companies have claimed that this makes it impossible to conduct fair IP litigation in China.
Why do courts have first instance jurisdiction over IP cases?
Because these courts have first instance jurisdiction over all IP cases in their respective provinces, not only will the negative effects of local protectionism be mitigated in a more systematic way by removing cases from local jurisdiction, but the courts will also be able to better provide judges and technical investigators with the required expertise to deal with the complex nature of their caseloads. This will ensure that both domestic and foreign litigants receive fair treatment.
Why did China reform its IP laws?
Indeed, domestic demand has made this essential. Not only has China reformed its IP laws to expand admissible evidence and increase damages for violations, but it has also reformed its legal structures and implemented new policies to limit the possibility of protectionism and bias against foreign litigants.
What is the complaint against China’s IPR regime?
One major complaint levied against China’s IPR regime is that cases brought to an intermediate court (at the municipal level) will suffer from local judicial protectionism.
Why is intellectual property in China so difficult?
Foreign firms have long complained that enforcing their intellectual property rights in China is difficult due to local judicial protectionism, challenges in obtaining evidence, small damage awards, and a perceived bias against foreign firms.
What is the new interpretation of the Civil Procedure Law?
In 2015, however, the Supreme People’s Court promulgated a new interpretation of the Civil Procedure Law, which, according to Article 112 of the interpretation, allows one party to request that the court order the opposing party to produce specific documentary evidence that is under the other party’s control.
What is the power of the People’s Court in China?
Interestingly, Article 65 of China’s Civil Procedure Law stipulates, “The people’s court shall have the authority to obtain evidence from the relevant units or individuals, and such units or individuals may not refuse to provide evidence.” The ability to subpoena records would hypothetically mitigate the lack of a formal discovery process, but until recently it has not been widely invoked.
What is trade secret?
Trade secrets are technical or management information that is unknown to the public, but which is of practical value and can bring economic benefits to the rightful party. Product and brand elements such as unique names, packaging and ornamentation are also perceived to be trade secrets.
What is China known for?
China is well known for a business environment that carries significant risks of counterfeiting and infringement of intellectual property (IP) rights. For this reason, the US has put China on its Priority Watch List of countries having "serious intellectual property rights deficiencies." Nevertheless, the Chinese Government is concentrating on improving IP law and its enforcement, including the introduction of legal and regulatory incentives for Chinese companies to file patent applications. Improvements include aligning the relevant legislation to the minimum WTO requirements of the Trade-Related Aspects of Intellectual Property (TRIPs) protocol, which outlines general standards for the enforcement of IP rights. Overall, China’s legal framework for IP protection meets international standards, though implementation and enforcement of laws are areas of concern.
Is copyright required in China?
Unlike Australia, it is possible to register copyright in China. The National Copyright Administration Office is responsible for administration of copyright. No registration is required but registering copyright with the authorities is advisable.
What are the effects of IP leakage in China?
The effects from IP leakage in China are ubiquitous. They are visible in counterfeited items including toys, luxury goods, automotive and aircraft parts, pharmaceuticals and other complex high-tech products. 4 But IP violations go beyond products. They extend to pirated operational processes and the replication of entire business and service models. For many multinational corporations, IP leakage frequently becomes a barrier to Chinese sites becoming fully integrated partners in global innovation activities.
What is the number 1 challenge for multinational corporations operating in China?
Intellectual property (IP) protection is the No. 1 challenge for multinational corporations operating in China. According to the U.S. government, China accounted for nearly 80% of all IP thefts from U.S.-headquartered organizations in 2013, 1 amounting to an estimated $300 billion in lost business. Among European manufacturers, the loss …
Who is Andreas Schotter?
Andreas Schotter is an assistant professor of global strategy at the Ivey Business School at Western University in London, Ontario. Mary Teagarden is a professor of global strategy at the Thunderbird School of Global Management in Glendale, Arizona.
Is IP leakage the most critical activity when doing business in China?
Most of the executives we interviewed said that managing IP leakage is the most critical day-to-day activity when doing business in China. A senior executive from a Fortune 100 company commented:
Does Lenovo have IP?
One way that Lenovo Group, which makes personal computers and other devices such as smartphones and tablets, protects its intellectual property is by conducting all of its R&D activities in China in its own proprietary facilities. Intellectual property (IP) protection is the No. 1 challenge for multinational corporations operating in China.
Can multinational corporations stay away from China?
Multinational corporations can’t afford to stay away from China. But to remain competitive they must develop mechanisms that allow them to minimize the risk of losing critical know-how.