Intellectual Property Rights Protection

When a foreign enterprise intends to operate in the Chinese market, it should as early as possible, take use of the legal intellectual property protection system available in China under Chinese law and regulations. Still, foreign companies are highly advised to develop a strategy tailored to their own needs for protecting their intellectual property in China in order to prevent technology theft, similar trademark and patent applications by Chinese competitors, and the leakage of trade secrets.

The Chinese legal system for the protection of Intellectual Property Rights offers a wide range of options for the protection of intellectual property rights - some of which may even go beyond the well-known options available within the countries where the headquarters of the foreign parent companies are situated. It is advised that all such options should be fully utilized as part of a comprehensive intellectual property protection strategy in China.

China nowadays offers a level of protection for intellectual property rights applications - including for inventions, utility models, design patents, and trademarks - that is comparable to that in Europe. Regarding patents and trademarks, China has since long acceded and adopted to the relevant international agreements. This means that, in general, also in China both - international and national application options for trademarks and patents - are also available in China.

In some cases, it may be necessary to file a national application for a patent or trademark. For example, trademarks that are exclusively in Chinese characters basically cannot be registered via the international route through the WIPO-system, but must be filed through the national application system with the Chinese Trademark Office.

In the event an application for a trademark or a patent is rejected by the Chinese authorities, then swift action is required in order to ensure that statutory opposition deadlines are not missed. In case of applications through international application routes, a so-called "review" request must then be prepared and filed locally at the Chinese authorities.

The Chinese intellectual property laws and regulations also offer a wide range of options for taking legal action against Third-Party applications and intellectual property rights infringements. For example, under the Chinese trademark law, one can file an opposition against similar trademark applications by third parties or initiate cancellation proceedings against third-party trademarks. However, in all such cases a thorough pre-examination and evaluation of the available options under the Chinese laws and regulations is advised.

If applications are rejected by the relevant Chinese authorities for the Intellectual Property Rights Protection in China, then the matter can generally be brought before the competent Chinese Courts.

We cooperate with experienced Patent and Trademark Attorneys and Agents to register and enforce your Intellectual Property Rights in China. In cases where enforcement of your Intellectual Property Rights is required, our long-standing and experienced Chinese partner agents and attorneys for Intellectual Rights Protection will represent you before the relevant Chinese Authorities and Courts.

Your technologies, trade and business secrets should be adequately protected in China - ideally before entering the Chinese market. By entering into Confidentiality Agreements with your business partners your Chinese employees, reinforced by contractual penalties for breach, the leakage of trade secrets can - if not completely prevented - at least be mitigated.

Before being imported into China, all technologies should be reviewed to determine whether they qualify for protection under the existing Chinese laws and regulations, and, where possible, should be protected accordingly. In this regard the Chinese Copyright Law also offers specific options for registration and protection of your copyrights.

Technology Transfers to Chinese Partners, as well as the licensing of know-how, patents, and other Intellectual Property Rights, should be fixed through binding written agreements. Such agreements should first be reviewed for potential technology import obstacles into China and - as far as possible - be registered with the relevant Intellectual Property Rights Protection Authorities in China.

In all these matters we can provide you with our expert advice based on our many years of experience and represent you in China in cooperation with our long-standing and experienced local Chinese Patent and Trademark Agents and Attorneys.