China ranks #1 in the world for the total number of trademark, patent and copyright filings.
China is the world’s second largest economy and largest consumer market.
As a “first-to-file” country for trademark, patents and copyright, IP protection is only possible through registration rather than common law use.
If you want to do business in China, it pays to find local attorneys specializing in Chinese IP law to draft and review your contracts to ensure your assets are properly protected.
Consult with an IP professional to determine the best course of action against unauthorized use of your IP in China. Potential solutions could include administrative actions, customs seizures and civil litigation —the state may even prosecute offenders under the criminal law.
1. Where do I register my IP in China??
The Chinese Trademark Office (CTMO), a part of the State Administration for Industry and Commerce of the People's Republic of China (SAIC) files and registers trademarks.
The National Intellectual Property Administration, PRC (CNIPA) grants patents. and copyright registration is administered by
The Copyright Protection Center of China (CPCC) under the National Copyright Administration of China (NCAC) registers copyrights
Without a business entity in China, an agent or lawyer based in China must be used to file an IP application on your behalf.
2. How do I enforce my IP rights in China?
Register your intellectual property with the General Administration of Customs of the People's Republic of China (GACC). The GACC helps prevent the exportation and importation of infringing products in China. You can register all types of IP with the GACC, including trademarks, patents and copyrights.
Some e-commerce sites based in China allow IP owners to request the removal of listings for products which infringe their IP rights.
IP owners can take administrative and judicial action against infringers in China. The provincial and municipal IP authorities carry out IP enforcement at state level and various local levels.
The administrative system is typically used for straightforward cases. The system is relatively fast and less expensive than the judicial system. The local and regional government authorities handle such complaints.
The legal system is used to pursue civil and criminal enforcement. Courts may order injunctions to stop any IP-infringing activity or award damages. China also provides IP remedies through criminal enforcement for commercial-scale piracy and counterfeiting. Administrative authorities and GACC may transfer significant IP infringement cases to the police and prosecutors to initiate criminal investigations.
You should consult with an IP professional to determine the best course of action against unauthorized use of your IP in China.
3. If my brand is already registered in my own country, does that give me the protection that I need in China?
IP protection is enforced jurisdiction by jurisdiction — so registration in your own country does not protect your brand everywhere else too. Having IP protection in your own country may give you the opportunity to claim a priority filing date or speed up your registration process in China, though conditions often apply. The Patent Prosecution Highway (PPH), for example, is available to Canadian applicants to speed up the examination process for corresponding invention patent applications filed in China. Contact our experts to find out if your country offers similar programs.