Intellectual property protection in China remains a major concern for foreign businesses and a key target for establishment reforms. If a company doesn’t file its copyrights, patents, and trademarks in China, its intellectual property (IP) has no formal protection there. Companies should register eligible IP in China as early as possible. Companies should also understand the full range of IP for which they might file, including multiple types of patents (utility model, design, and invention), as well as trademarks and copyrights. The following is a briefing introduction to several types of intellectual protection in China.
I. Trademark
The system of trademark law in mainland China is administered by the China Trade Mark Office or CTMO. Both are divisions of the State Administration for Industry & Commerce (SAIC). Registered trademarks approved and registered by the SAIC gives the registrants an exclusive right to use the trademarks.
The ownership of a trademark is determined on a first-to-file basis. According to Article 18 of the Trademark Law, foreign businesses have to appoint Chinese trademark agencies for their trademark registration.
The procedures for trademark registration are as follows:
1. Conduct a preliminary search to check whether the trademark is already registered.
2. Submit an application form and other relevant documents to the Trademark Office.
3. SAIC accepts the application.
4. SAIC conducts preliminary and substantive examination (within nine months of the filing date.
5. SAIC publishes and registers the trademark.
The procedure generally takes about 9 to 14 months. Within three months from the date of the publication, any person can file an opposition against the trademark. A trademark in China is valid for 10 years and renewal of registration must be filed within 12 months before the date of expiration.
II. Patent
A patent grants a legal right to patentees for their creations, including inventions, utility models, and designs. China grants patents on a first-to-file basis. According to Article 9, patent rights will be granted to the first applicant if two or more applicants apply for a patent for the same invention separately. A patent granted for inventions is valid for 20 years while the term for utility models or designs is 10 years.
Required materials for patent registration in China:
1. Name of the invention/design;
2. Name and address of the applicant;
3. Name and address of the inventor;
4. Claim: describe the protection scope of the patented technology
5. Abstract: provide the outline of the key technical aspect of the patent
6. Specification: provide written details and features of the patented technology
7. Drawings: illustrate structures or details of the patent
III. Copyright
Copyright is an automatic right, which means the author or creator enjoys the copyright as soon as the original work is completed. China’s copyright law states that the country protects the authors’ copyright in their literary, artistic, and scientific works. According to Article 2 of the Copyright Law, China adopts a policy of voluntary copyright registration so that the copyright owner is not obligated to register his/her copyright.
Copyright registration in China is administered by the Copyright Protection Centre of China (CPCC). Once the registration files are completed, the applicant will be provided with a receipt. The applicant should expect to receive the registration certificate around 30 working days after completing the application.
Required Information:
1. A copy of business license or business registration certificate, or identity proof of the applicant and identity document of the author;
2. Application form;
3. Name and address of the author;
4. Work description (Name, type, completion date and publication status of the work);
5. Power of Attorney;
6. Other necessary information.
IV. Trade Secret
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. According to Article 9 of the Anti-Unfair Competition Law, the law defines a trade secret as any technical information or business operation information, which is unknown to the public, has commercial values, and about which the owner has taken secret-keeping measures.
Intellectual property (IP) is a longstanding, critical concern for companies operating in China. The best way to protect your intellectual property in the forms of trademark, patent or copyright is to have it registered. Tannet can help you file the application to the authority, and we also have some resources for transfer and sale. Purchase one trademark is much time-saving so that you can focus more on your business operation.
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If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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