General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
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General Information

Area: 9,600,000 sq. km.
Population: 1,234,000,000 inhabitants (estimated 2000).
Capital: Beijing, with over 11,000,000 inhabitants.
Language: Mandarin.
Currency: Renminbi (Yuan).

GENERAL REMARKS

With the introduction of socialist market economy, China's foreign trade is run by import and export corporations, enterprises and manufacturers under various forms of ownership under the guidance of the Ministry of Foreign Trade and Economic Cooperation of the People's Republic of China, and the competent authorities of the various provinces, autonomous regions and municipalities.

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Patents of Invention

LEGAL BASIS

• Patent Law of the People's Republic of China, in force since April 1, 1985.
• Decision regarding the Revision of the Patent Law of PRC of Sept. 4, 1992, in force since January 1, 1993; last revision in force since July 1, 2001
• Implementing Regulations of July 1, 2001.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, (Stockholm Act), since March 19, 1985.
• Patent Cooperation Treaty (PCT), since January 1, 1994.
• Budapest Treaty for the Deposit of Microorganisms, since July 1, 1995.
• Strasbourg Agreement concerning the International Patent Classification, since June 19, 1997.

FILING REQUIREMENTS

• Power of Attorney, no legalization;
• Specification with claims and abstract (in English, German, French or Japanese for translation into Chinese);
• Drawings, if any;
• Certified copy of the basic application, if priority is claimed;
• Assignment of priority rights (only if the applicant of the Chinese application differ from that of the first application), no legalization.

REMARKS

National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Validity: issued after a formal and full examination - valid for 20 years.
Annuities: accumulated annuities are to be paid after granting.
Opposition: not provided for.

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Trade and Service Marks

LEGAL BASIS

• Trade Mark Law, in force since July 1, 1993, last amended December 1, 2001.
• Implementing Regulations under the Trade Mark Law revised on January 3, 1988, July 28, 1993 and September 15, 2002.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm Act), since March 19, 1985.
• Madrid Agreement concerning the International Registration of Marks, since October 4, 1989.
• Madrid Protocol, since December 1, 1995.

FILING REQUIREMENTS

• Power of Attorney;
• 5 prints of the trademark label. The prints shall not exceed 10 cm or be less than 5 cm in length or breadth. If the trademark is in color, 2 black and white prints shall be submitted in addition to 5 colored prints. If the trademark consists merely of a word or words in block letters, prints are not required;
• Priority document, if any.

REMARKS

Kinds of protection: verbal, pictorial and other designations or their combination. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: compulsory. Non use during any three-year period after the registration date may lead to cancellation.
Duration – renewals: 10-year period from the registration date or last renewal date.
Opposition: any person may, within three months from the date of the publication (for international marks [Madrid]: starting on the first day of the month following the publication in "Les Marques Internationales"), file an opposition against the registration of the trademark. If no opposition is filed, or if it is decided that the opposition is not justified, registration is approved, a trademark certificate issued and the registered trademark published.

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Industrial Designs

LEGAL BASIS

• Patent Law of the People's Republic of China, in force since April 1, 1985.
• Decision regarding the Revision of the Patent Law of PRC of Sept. 4, 1992, in force since January 1, 1993; last revision in force since July 1, 2001
• Implementing Regulations, last revision of July 1, 2001.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm Act), since March 19, 1985.
• Locarno Agreement establishing an International Classification for Industrial Designs, since September 19, 1996.

FILING REQUIREMENTS

• Power of Attorney;
• Drawings or photographs of the design, in triplicate (min. 3 x 8 cm, max. 15 x 22 cm);
• Indication of the name and address of the creator;
• Indication of the object incorporating the design;
• Certified copy of basic application, if priority is claimed.

REMARKS

Duration - renewals: after formal examination: 10 years from the filing date.
Opposition: not provided for.

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Domain Names

LEGAL BASIS

• There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

• ccTLD: .cn
• Applicant: legal entities only. Individuals may not apply for domain name registration.
• Local Presence: not required.

REMARKS

Duration – renewals: one year.
Uniform dispute resolution procedure: available (variation of UDRP) before the Domain Name Dispute Settlement Center of CIETAC (China International Economic and Trade Arbitration Commission).

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More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

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