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Do I Need to Register Trademarks, Patents and Copyrights in China to Combat Counterfeiting?-CTD 101 Series

Thu, 12 Jan 2023
Contributors: Meng Yu 余萌
Editor: C. J. Observer

Only registered trademarks and patents in China can be protected here.

This post was first published in CJO GLOBAL, which is committed to providing consulting services in China-related cross-border trade risk management and debt collection. We will explain how debt collection works in China below.

By contrast, unregistered copyrights can also be protected. Of course, just to be on the safe side, you can also register your copyright. Many copyright holders of films and software would do this.

China has its own Trademark Law, Patent Law and Copyright Law. When drafting these laws, Chinese legislators referred to the laws of other countries and international treaties. As a result, for the most part, they offer similar protection to rights holders as that in most European countries.

In terms of trademarks, the exclusive right to use a registered trademark will be protected by Chinese law within the approved scope of use if the trademark is registered with the approval of China’s Trademark Office.

In terms of patents, the patent will be protected by Chinese law within the scope of protection if a patent right certificate is issued by China’s patent authority.

After that, as a holder of the exclusive right to use a registered trademark or a patentee, you can claim compensation from retailers of counterfeit products in China, or request e-commerce platforms to remove product links and stop selling the products.

If you are not in China, you may appoint a Chinese agent to register the trademark and apply for the patent on your behalf in China. The above work may also be done in accordance with the mechanisms established under relevant international treaties, such as the Madrid System for the International Registration of Marks and the PCT System.

In terms of copyright, if any work of a foreigner is published in China, it shall enjoy copyright in China. If it is published outside China, the work shall enjoy copyright in China in accordance with international treaties, such as the Berne Convention.

That means you don’t have to register to claim compensation from Chinese pirates or ask Chinese internet service providers to remove infringing information.

 

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Photo by Niketh Vellanki on Unsplash

Contributors: Meng Yu 余萌

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