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Patents are a form of intellectual property. A patent is a set of exclusive rights for a limited period of time in exchange for detailed public disclosure of inventions-creations. According to the Patent Law of the People’s Republic of China (hereinafter the “Patent Law”), “inventions-creations” mean inventions, utility models and designs. Among the three kinds of patents, invention patents are granted after substantive examination, with a term of 20 years, and utility model and design patents are granted just after preliminary examination, with a term of 10 years, all terms calculated from the filing date.


Proof of prior copyright ownership for logos and stylized version of word marks can come in very handy, both in oppositions against infringing trademarks and against counterfeits bearing those marks – particularly where the rights holder has a registration for the logo/stylized mark. Although copyright is typically protected immediately upon the work’s creation, it is strongly recommended that rights holders obtain a Chinese copyright registration certificate for relevant works. Applications can be filed with the Copyright Protection Centre of China (under the National Copyright Administration) and obtained quite quickly – usually within one to two working days (with payment of a surcharge) where expedited processing is required. Enforcement without a registration certificate usually proves difficult, as extrinsic evidence of ownership must be translated, legalized and notarized.


Trademarks are intangible assets, but are considered extremely important and are protected by intellectual property rights. According to the People’s Republic of China Trademark Law (Revision of 2013), a trademark is used to distinguish goods and services of different sources, this commercial signs can constitute of text, graphics, letters, numbers, three-dimensional marks, color combinations and sound, as well as a combinations of these elements. The National Trademark Office is in charge of granting and protecting, in accordance with the law, exclusive rights to the trademark owner of its registered trademarks. The owner must obtain trademark rights in China and apply for the correct trademark registration procedures, and be wary of the implementation of the principle of prior application. China adopted the International Classification for Trademarks, so that a trademark registered goods and services can be registered in 45 different categories. Trademark registration, from the date of approval, are protected for a period of 10 years, after the expiration, they can be renewed an unlimited number of times.



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