China's reputation for intellectual property (IP) is largely due to its huge production capacity and market, which covers millions of companies. Every company that steps into such a market must take the necessary measures to protect its IP rights.
Intellectual property rights (IPRs) have been recognized and protected in China since the 1980s. China has acceded to major international conventions on the protection of intellectual property rights, including WIPO.
Intellectual properties are a critical concern for all companies operating in China. Most cases of IP infringement in China involve companies that do not register their trademarks and patents in China. In short, companies holding patents, trademarks, and copyrights in the USA or EU should have similar registration procedures in China.
China has a comprehensive legal system in place to protect intellectual property rights. China's intellectual property law specifies the legal responsibilities that anyone who violates the law must bear, including civil liability, criminal liability, and administrative sanctions.
Four chief types of intellectual property protection
Copyrights, trademarks, patents, and trade secrets are vital for the existence and savings of companies. IP protection shows how a company will protect its values in these four main topics.
1. Registered Copyrights
Copyrights protect written and artistic works for the creator's lifetime plus 70 years.
2. Registered Trademarks
Trademarks can be used to protect words, phrases, symbols, and logos that are used to identify one's goods or services. Trademark registration can last indefinitely as long as it is used in commerce and is renewed every ten years.
3. Patents for Utility
Utility patents protect various types of inventions for a period of 20 years. The key to obtaining a patent is that the invention must be new or novel, which means that you cannot patent something that already exists.
4. Keeping Trade Secrets
These are a type of intellectual property that a company may choose to keep private and not share with others.
Protecting Intellectual Property
Protection of IP rights is not just about taking necessary IP registration procedures or taking legal action when a violation is detected. IP rights cover many topics such as how a company will be managed, how to communicate between departments and with other companies, and what information the company will share with its customers and suppliers. Issues such as how to protect the company's printed documents, archives, company computers, servers, and network are also covered by IP security.
1. Apply for a Trademark: Get IP registration of your brands and products in China, copyrights, trademarks, and patents must be registered.
2. Document Your Concepts and Original Content in Detail: The proof that your intellectual property belongs to you is your previous works, drawings, codes, etc. Preserve these records.
3. Keep Business Ideas and Trade Secrets a Secret: Company employees and partners must sign confidentiality agreements or clauses in their employment contracts.
4. List and Register All Your IP: sometimes, companies are not aware of all the IPs they own. List all your company's know-how, working system, self-created business system, software, and working styles. After this stage, do a detailed study with an IP office and lawyer about your IPs that need to be registered.
Protecting your brand name and thus safeguarding your company’s intellectual property is one of the key steps to conduct before entering the Chinese market.
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