2.03. Chinese Intellectual property rights

There has been a lot said and written about the problems with intellectual property rights in China by politicians, press and businesses world-wide.

China has many issues with international intellectual property rights and their enforcement.

It is estimated to b e between 100,000 to 150,000 outstanding international copyright / trademark cases with Chinse businesses. Given the costs and time in raising a case, we expect this number could be a lot higher given many companies to not have the resources to enter the Chinese legal processes.

If you have your trademark / copyright agreed and registered in China, then a disputed over trademark, etc, can be often resolved with a local Chinese solicitor letter. No business or Chinese person wishes to be seen to be breaking Chinese rules and regulations.

If you do not register your trademark in China you potentially will spend years in the Chinese legal system trying to block use of your trademark. If you have registered your trademark and there is an infringement, it is normally resolved after a letter from a Chinese based solicitor.

We strongly recommended you protect your trademark, in China using the local Chinese rules and regulations.

For more information please see: Chinese Intellectual property rights

 

Subject Action Recommended Proirty Checked?
Chinese Trademark register Check if your trademark is on the Chinese Trademark register High  
Register trademark Work with a local legal company to register your trademark High  
Renewal Remember to renew any registration High  
Use the trademarks in China At renewal, if you have not used the trademark in China, you may lose the trademark registration. High  
Enforcement Monitor your trademark and if an infringement occurs, use a local Chinese legal company to enforce. High  

Version V1.3 - 27 May 2019

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