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IP Information and fact sheets
IP Information and fact sheets
Below are fact sheets providing information to assist you to prepare an IP strategy for China. They include patents, trade marks, industrial designs, plant breeder’s rights, copyright and other mechanisms you may consider to protect your IP as well as options for enforcing your rights.
IP Australia suggests you seek the assistance of IP professionals experienced in the China IP environment. A list of IP firms with expertise in protecting IP in China is included in the contacts list.
Obtaining early registration or grant of rights is the best way to arm yourself against infringements. Australian IP owners should adopt a systematic approach to monitoring the Chinese market and enforcing their rights. China offers a wider range of options for investigation and legal action than is commonly appreciated and the greater one’s understanding of the options, the better the chance of achieving cost effective enforcement. More…
 IP Challenges in China
Effective protection and enforcement are available provided that “self-help” measures are taken at the right time. These measures include registering trade marks, patents and other relevant rights in China, constant monitoring of the market place for IP violations, and taking action in a quick, effective and systematic manner as soon as violations are discovered. More…
Principles for Protecting IP for Business Trading in China
If you want to protect your trade mark in China in a cost-effective manner, you need to register it with the China Trademark Office. You should also give consideration to creating and registering a Chinese version of your trade mark otherwise the local market is likely to create one for you and someone else might register it. More …
How to Protect Trade Marks in China
The patenting of inventions in China can help to prevent other parties from producing competing products in China for sale not only in China but for export to other markets worldwide. Thus, it is advisable to obtain patents in China even if the market prospects for your products are not high in that country. More…
How to Protect Patents and Industrial Designs in China
Plant Breeder’s Rights are referred to as Plant Variety Protection in China. The Ministry of Agriculture and the State Forestry Administration are jointly responsible for applying the relevant legislation. It should be noted that China is a party to UPOV 1978 whereas Australia belongs to UPOV 1991, so there will be some differences in what may be protected. More …
Plant Breeder’s Rights
Other options to protect your IP
Sometimes it will be useful to look at different options for protecting your IP in China other than through registered IP rights. It is important to remember that copyright protection can be an important part of your IP strategy. Your business situation may lead you to consider the advantages of protecting IP as commercial secrets or enforcing your rights through unfair competition legislation. A legal practitioner experienced in the Chinese IP system will be able to assist you with such matters.
China provides for voluntary registration of copyright works. Registration is recommended as it can help the copyright owner prove copyright subsists in a work should a copyright dispute arise. A copyright registration certificate is invariably required if the copyright owner seeks to take administrative infringement action through the local Copyright Administration. More…
Copyright Protection
Commercial secrets can include business methods, recipes, technical specifications, marketing strategies, manufacturing techniques and inventions. You may try to prevent infringement of your commercial secrets by establishing a confidentiality policy that defines what information your business deems is confidential and how employees should handle such information. Be sure to clearly indicate the consequences of any unauthorised use or disclosure of confidential information. More…
Commercial Secrets
China’s Anti-Unfair Competition Law prohibits a person from using the name, packaging or decoration of well-known goods such that consumers may be confused. It also seeks to prevent other unfair business activity such as commercial bribery, false advertising, unauthorised dissemination of trade secrets and misrepresentation. More…
Unfair Competition
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