Companies should be familiar with IP systems and related laws, regulations in China as the first step. The protection of IPR in China now turns into perfection gradually.No matter what type or scale of the enterprises are, operating in various industrial and commercial sectors, they shall pay more attention to their IPRs in China since IP, as intangible assets, essentially protects enterprises’ business and products.

IPRs in China mainly include trademarks,patents,copyrights,trade secrets and other related rights.  

Pursuant to Article 4 of the Chinese Trademark Law, any natural person, legal person, or other organizations, desiring for acquiring the exclusive right to use a trademark for the goods produced, processed etc., shall file an application to the CNIPA for the registration of the goods/service mark.

In addition,subject to Article 19 of Patent Law,foreigners and foreign enterprises or other foreign organizations who have no habitual residence or business office in China apply for a patent,or other patent matters in China,it or he shall appoint a patent agency designated by the patent administration department under the State Council to act as his or its agent.

Products with legal IP rights produced by overseas entities or natural persons can be imported into and distributed in Chinese marketplace, whose IP rights are just authorized abroad,which means without any IP authorization in China, their products still can be delivered into the Chinese marketplace.

However, failure to make sure whether there is prior IPRs, or without the permission of the proprietary usually causes conflicts with the prior IPRs in China, which probably leads to infringement.

 

Haijun Ipower Law Firm

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