CHINA PATENT & TRADEMARK LAW OFFICE
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    • Why do you need to register a trademark in China
    • What do you need to do to register a Chinese trademark
    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
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The Canadian Trade Commissioner Service in China recommends that every company’s prospective China business plan include a strategy to protect its intellectual property (IP).

For those companies already operating in the Chinese market, it is never too late to review your IP strategy to ensure that it is keeping up with your innovations and market expansion and provides optimal protection of your core IP.
Is the Chinese IP protection system really functioning?

Effective protection and enforcement of intellectual property rights is critical for China’s successful transition to an innovation-driven economy and this has created a strong impetus for sustained progress in this area. China’s IP protection regime has developed rapidly since the country joined the World Trade Organization in 2001, and its laws are now generally in line with international standards. Significant improvements have also been made in the enforcement landscape through, for example, the establishment of specialized IP courts and tribunals in first and second tier cities. It is thus possible to enforce IP rights in China provided that they are properly registered or granted in China.

Nevertheless, foreign companies continue to express concerns with respect to bad-faith trademark registration, counterfeit products, and other types of infringements, all of which can have serious consequences on a company's ability to successfully use their IP as a source of competitive edge, whether it be in the form of technical solutions, innovative designs, brand recognition, or technical and management know-how.  In addition, enforcement proceedings can be lengthy, complex and costly, and local protectionism continues to limit the effectiveness of enforcement in certain regions.

Many of these challenges can be mitigated by developing an effective China-specific IP strategy based on knowledge of the Chinese IP regime, including its similarities and differences with the Canadian IP system.
What IP can be protected in China?

Trademarks, patents, copyrights, trade secrets (know-how), geographical indications, and plant breeders’ rights are all recognized forms of IP that can be protected under Chinese law.  
I have my IP protected in Canada, do I still need a separate IP strategy for China?

Intellectual property rights are jurisdictional rights. A Canadian patent, trademark or industrial design does not secure your corresponding rights in China. You should carefully consider registering your IP in China if you plan on doing business in China, including selling products over the Internet and/or manufacturing.

Registering IP in China can also be an effective way for Canadian companies to protect established markets and customers outside China by addressing potential IP infringements at the source. For example, a patent or trademark holder in China can register with China Customs so as to seize any infringing or counterfeit products and prevent them for making their way in third-country markets.
When do I need to start IP registration in China?

China applies a first-to-file principle on trademark registration. This means that the first entity to register a trademark in China will be granted ownership, regardless of prior use. This is a key difference between the Canadian and Chinese IP regimes that must be taken into account in a China-specific IP strategy.  

Canadian companies who do not promptly register their trademarks in China are vulnerable to having their brand registered by third parties operating in bad faith. This could be a squatter who is intent on selling the brand back to the Canadian company for a hefty price, or it could be a company that wants to make and sell products using the Canadian company’s brand recognition in China. Eventually, that same company could prevent the Canadian company from selling its own products in the Chinese market and even sue for trademark infringement. While recourse exists to deal with such situations, the quickest, safest and cheapest course of action is early registration.

Patents are granted on a first-to-file basis such that, all else being equal, whoever files first will obtain patent protection. After filing your first patent application for an invention, whether in Canada or elsewhere, you have a period of 12 months to file for protection of the same invention in other countries, including China.  After that period, the invention will no longer be considered new. It is therefore important to keep China in mind when filing the initial patent application.
Am I fully protected in China if my IP has been successfully registered in China?

Registration of IP in China, while essential to protecting one’s IP rights in China, may not be sufficient to deter infringement. Monitor the Chinese market and your existing export markets to ensure that copies of your products are not making their way to your clients.

Ensure good communication with your suppliers and maintain oversight of your distributors' activities. Make sure that you have clear contractual IP protection, including clauses on your ownership rights and use limitations, with your partner, distributor, licensee or employees. 
How do I enforce my rights if they are infringed in China?

As IP rights are private rights, it is up to the rights owner to take enforcement action. When Canadian companies encounter infringement, they should seriously consider enforcing their IP rights, based on a careful cost-benefit analysis. 

There are several ways to enforce your rights against unauthorized use of your IP in China. IP may be registered with the General Administration of Customs to prevent infringing products from being exported from China. Administrative enforcement can be a relatively fast and inexpensive course of action to stop infringing activities in straightforward cases. Civil litigation can be used, particularly when seeking damages from the infringer. China also provides IP remedies through criminal enforcement for commercial scale piracy and counterfeiting.

For more information on enforcement options in China, you may wish to refer to the Protecting your IP in China Guide developed by Canadian Intellectual Property Office.

Before taking any enforcement action, it is important to consult a qualified IP professional who is familiar with the legal system in China to explore the available enforcement options.

The Canadian Trade Commissioner Service in China has developed a list of Chinese, Canadian and international IP firms that can provide services in China or coordinate work with Chinese associates. Readers should take note that the Government of Canada does not guarantee the accuracy of any of the information contained in this report, nor does it necessarily endorse the organizations listed herein. Readers should independently verify the accuracy and reliability of the information.
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  • Home
  • About
  • IP Services
    • Trademark
    • Patent
    • Utility Model
    • Design
    • Copyright
  • Translation
  • News
    • Why do you need to register a trademark in China
    • What do you need to do to register a Chinese trademark
    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
    • News
    • News
  • Contact