Intellectual property protection is the No. 1 challenge for multinational corporations operating in China. Decades in the trenches have equipped multinational corporations with hard-won expertise and a set of strong preventive best practices, including internal controls and external engagement with key stakeholders. To be successful in China, companies should develop an integrated IP protection strategy that reflects the nature and extent of the IP problems they face and is grounded in a realistic assessment of internal goals and resources.
China has formulated comprehensive intellectual property rights laws and regulations. Today, it is earnest and fair in executing these laws, and much has been accomplished in this regard. These great achievements in the execution of the intellectual property rights protection laws and regulations are above all the product of comprehensive judicature and administration provided for in these same laws and regulations.
I. China's Judicial Institutions for Intellectual Property Protection
In China, any citizen, legal person or organization entitled to intellectual property rights whose rights and interests have been infringed may bring a lawsuit to the people's court in accordance with the law and receive practical and effective judicial protection.
The people's courts exercise judicial power independently according to law, are subordinate only to the law itself, and are not subject to interference by any administrative organ, public organization or individual.
According to China's Administrative Procedure Law, if a citizen, legal person or organization wishes to contest a judgement or order of an administrative department for intellectual property protection in a dispute concerning intellectual property rights and to initiate administrative procedure litigation, the people's court shall try the case and shall, in accordance with the law, make a decision to maintain, rescind, or alter it.
II.Administrative Channels for Intellectual Property Protection in China
In addition to judicature in accordance with international practices, China's system for the protection of intellectual property rights comprises the Patent Law, the Trademark Law, and the Copyright Law and other administrative channels designated in intellectual property laws, all proceeding from China's actual conditions.
In China the administrative procedures for solving disputes concerning intellectual property rights are simple and convenient. Cases can be quickly filed for official examination and possible prosecution, investigation follows promptly, and efficiency in handling the case is high. This is advantageous to the owners of the rights. The patent administrative organs in China always treat patent violation claims seriously and deal with them without delay in accordance with the law.
III. Preventive Measures for Intellectual Property Protection
If a company doesn’t file its copyrights, patents, and trademarks in China, its intellectual property has no formal protection there. Companies should register (or record) 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.
(1) Patents. Companies should file applications with the State Intellectual Property Office (SIPO) for IP that they view as valuable to their business for both core and fringe technologies. Companies should ensure that their patents are properly translated before filing. Filing can be done directly with SIPO or via international patent arrangements such as the Patent Cooperation Treaty.
(2) Trademarks. Companies should broadly register their core trademarks with the China Trademark Office, including the English name, Chinese character name, and Chinese pinyin name for core brands with the China Trademark Office. When filing, companies should carefully select the product categories and sub-categories in which to file, and check China’s online trademark database for similar trademarks filed by competitors and infringers, including marks filed in categories outside a company’s core products. Many companies have experienced challenges in which a local competitor registers a very similar trademark in a different product category, a practice allowed under the Trademark Law.
(3) Copyrights. Though registration is not required, entities should consider registering their works with the National Copyright Administration, since registration provides a public record and can serve as useful evidence in copyright disputes.
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If you have further enquire, 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 86-755-82143422, 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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