IPR ASSESSMENT
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Explanation of each type of IPR :
- TRADEMARKS
Trademark protection is concerned with protecting your brand. In China, trademarks are supervised by the Administration of Industry and Commerce (AIC). Trademark rights are territorial, and as China is a first-to-file jurisdiction, until a trademark is registered with the AIC, it is not owned in China, and can be used by anyone. Also, any ‘open’ trademark can be registered by any company. The registration process can take up to three years, so it is important to act as early as possible to protect your brand. Until registration is complete, you cannot prevent anyone from using your trademark. To learn more about regtistering and protecting trademarks in China, take the Helpdesk trademarks E-learning module.
- copyright
Copyrights allow you to control the reproduction of intangible ‘works’, such as music, art, written works, software code and architectural plans, amongst others. Copyright in China is an automatic right, granted when a work is published in China or any country that is a signatory to international copyright treaties. The State Copyright Bureau administers copyright protection, and it is possible to register your copyright with them. China IPR SME Helpdesk experts say that registering copyright with the SCB can save time and money in the event of infringement, as registration, and therefore owner ship can be proven easily. To learn more about copyrights, visit the Helpdesk Solution Centre.
- patents
In China, there are three distinct areas covered by patent protection. Invention patents are granted for technical innovations that have a practical application and are new and inventive. Utility model patents are given for technical solutions that relate to the shape or structure of an object. Design Patents are granted to protect the shape, colour, or combination of both, of an object. Patents must be applied for before the product is released anywhere in the world, so it is essential to register your product as early as possible, if you want to protect it in China. British and European patents provide no protection in China. Patents in China are administered by the State Intellectual Property Office. To learn more about patents, visit the Helpdesk Solutions centre.
- designs
Unlike in Europe, in China designs are protected by a design patent which registers and protects the design in the same way as any other patent, and is granted by the Patent Office of the State Intellectual Property Office. For more information on protecting your designs in China, visit the patent section of the Helpdesk Solutions Centre.
