Intellectual property rights in China

Pharmaceuticals, Health Policy and Intellectual Property Rights in China
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Like in Australia, IP Rights are registered nationally, meaning your Australian trade mark, design or patent does not provide you any protection in China. Registering your IP rights as early as possible will save you significant time and money later.

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IP rights in China are registered through several government bodies:. David assists Australian businesses navigate IP issues with regards to patents, trade marks, designs and copyright. David also engages with the Chinese Government on IP policy. The administration and enforcement of IP laws in China is quite different from those in Australia. A number of different government agencies are involved at state and provincial levels. If you have a problem about the protection of your IP rights it can be difficult to know which agency handles your complaint. Your best option is to seek specialist legal advice.

Intellectual property laws in China

Under administrative enforcement you present evidence of the infringement to local authorities who can conduct raids, seize infringing goods and issue fines. Civil enforcement remedies are like those available in Australia where courts can issue injunctions and award damages. The Chinese Government has taken steps to make it easier to address enforcement issues by establishing more than 50 IP rights service centres around the country. We encourage you to read through all of our IP protection in China resources before getting in touch, however if you need further guidance on protecting your IP in China you can contact us via this form.

Please note: this form is specifically for China related questions. Please use our Contact Us form for any other questions. Skip to main content. Home Patents Patents If you have a device, substance, method or process that is new, inventive and useful, you may need a patent. Trade marks If you want to distinguish your goods, services or both from those of another business, you may need a trade mark. The market for imported foods in China is large and growing. This guide will take you through the necessary steps in registering your GI. Guide to Patent Protection in China Until you register a Patent in China, you do not own that right, meaning that applying for a trademark before entering the China market is of utmost importance.

This guide walks you through an overview of trademarks, how to apply for them and how to enforce your rights in case of an infringement.

IP protection in China

Guide to Protecting Your Trade Secrets in China A trade secret is any non-public information with actual or potential commercial value that is guarded by confidentiality measures. Trade secrets can ensure business advantage over competitors but must remain secret — once a trade secret becomes publicly known, it can no longer be protected as a trade secret.

Most theft of trade secrets cases involve current or former employees. Horizontal issues. Assuming you have registered your IP and found it being infringed then you will want to enforce it. How will you find it being infringed? Your customers might tell you about competing products, you might find infringements for sale on the internet, you might see infringing products at a trade fair.

This guide gives you an overview of what steps you should take once you have gathered sufficient information and decided to take action and enforce your IPR rights in China. While the internet can be a profitable business platform for European SMEs — particularly in China where internet usage grows annually — it also provides an increasingly easy way for infringers to sell counterfeit goods and commit fraud. This guide outlines the domain name risks faced by European SMEs conducting business in China and provides a comprehensive overview of ways to mitigate against and respond to domain name infringement if, or when, it occurs.

Practical guidance is offered on how to register a domain name, ways to resolve a domain name dispute and how to build a domain name strategy for your company. This guide outlines some key contract provisions that you need to include in your agreements, important clauses that must not be used in China because they could be in contravention of the Chinese laws thus rendering the contract void , how to protect confidential information through contracts, and protecting the ownership of new IP created in China. It contains a sample Non-Disclosure Agreement.

This short document gives a broad comparison between the Chinese and European IP systems, and highlights some of the main differences and similarities you need to be aware of. Technology Transfer to China: Guidance for Businesses Many European companies are willing to transfer their latest technology to Chinese subsidiaries of European firms and joint venture partners, exposing themselves to potential loss of competitiveness and IP risk. This publication provides an overview of common situations encountered by European firms in China and a checklist of how to effectively protect your business secrets.

Enforcing your rights in China

Copyright law is mainly governed by the Copyright Law of the PRC [zh] works can avoid, or at least simplify, ownership disputes. Concern about IP enforcement remains a major factor influencing company strategies and operations in China. China's IP laws and regulations increasingly .

Learn how to work with Chinese customs to protect your IPR and prohibit infringing goods from entering or leaving the country. An experienced and capable lawyer could not only strengthen your business's IPR strategy but also effectively assist you in enforcing your IPR rights against infringers. This guide walks you through the process of hiring the right lawyer for your needs.

This handbook provides a step-by-step guide to intellectual property strategy and protection before, during and after a trade fair or an exhibition in China. The most significant group of intangible assets are those protected by intellectual property such as inventions, designs and brands.

How to guides. Technically, the answer is no. Copyright is an automatic right, which means the author or creator enjoys the copyright as soon as the original work is completed.

Unlike other territorial IP rights, such as trade mark or patent, foreigners copyright is automatically protected in China, as long as the author is from a member state or district of the Berne Convention for the Protection of Literary and Artistic Works, which Member States of the European Union are. It has created a marketplace of around million internet users in China, and is still expanding.

China IP Law Useful Links

Apart from being a forum for legitimate vendors and original products, the internet is also used by illegal and unscrupulous businesses as a platform for the distribution of counterfeit goods which infringe intellectual property rights IPR. Per the annual report published by the General Administration of Customs in China GACC in , Chinese customs detained 23, consignments of suspected infringing products preventing them from being sold in external markets.

However, as well as providing business opportunities, trade fairs also pose risks for exhibitors by exposing new products, technology, designs and brands to those who would copy the efforts of others for their own financial gain. This step-by-step provides you with practical advice on how to collect evidence of IP infringements at trade fairs in China. As well as the challenge of reaching out to a new business community, how can you have confidence in the honesty of your potential partners?

How can you check that the company really has the scope and capabilities claimed? If you find out that your intellectual property in China has been infringed how can you start to research the infringer? This How-to guide will give you practical guidance on these issues.

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How to Establish an EU-China Joint Research Structure This brochure presents the main practical steps to set up a Joint Research Structure within the Chinese legal framework, highlighting key issues to pay attention to before establishing such a structure. The most common type of intellectual property right IPR is a trade mark.


A trade mark is essential to all kinds of companies, whether you are a producer, distributor or service provider, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand. Before you apply to register your trade mark in China you should check that it is available and has not been previously registered by another company, or is too similar to any other registered trade mark.

This step will prevent you spending resources on an application which will be rejected and could delay your business operations in China. This guide is designed to Help you understand how to conduct a trade mark search on your own.

IP Counsellor to China

The judicial activities of a people's court are carried out on the basis of facts, and with the law providing the criterion. Zhao and F. January Learn how and when to remove this template message. 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. However, U. China's intellectual property law stipulates the legal responsibilities to be borne by anyone who violates the law, including civil liability, criminal liability and exposure to administrative sanctions.

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