Intellectual Property Rights

Answers to the 10 most asked questions

Preface (only in German)

1. Which kind of Intellectual Property Rights can be registered in the PR China? Is the registration wothwhile? more in German

2. Where can Intellectual Property Rights be registered in China? How to do? more in German

2.1 Chinese Trademark Office (CTMO) more in German
2.2 State Intellectual Property Office (SIPO) more in German
2.3 National Copyright Administration (NCAC) more in German
2.4 Plant species: Office of Agriculture (SOA) more in German
2.5 Domain names and keywords more in German

3. I have no Industrial Property Rights in China. But I am affected by counterfeits from China or could be. What can I do?   more in German

4. I have no Industrial Property Rights in China. Someone else registered the rights there. What can I do?  more in German

4.1 Someone registered my brand in China on his/her name. more in German
4.2 Someone registered my patent, my design patent or utility model in China on his/her name. more in German
4.3 Someone registered my brand´s name as a keyword or domain name in China more in German

5. I have Industrial Property Right in China. Still my rights are infringed/have been infringed there. What can I do? more in German

5.1 a) General information for all processes more in German
5.1 b) Trade mark right and market surveillance: local administration of industry and commerce (AIC) more in German
5.1 c) Product quality and standards as well as indication of source: local technical supervision bureau (TSB) more in German
5.1 d) Invention patents/ utility models/ design patents/ topographies of circuits: local intellectual property office more in German
5.1 e) Copyrights: local copyright bureau more in German
5.1 f) Local drug administration more in German
5.1 g) IPR complaint center more in German
5.1 h) Placed of the 50 complaint centers for industrial property rights (IPR complaint centers) more in German
5.2 Costums duty more in German
5.3 Ordinary civil proceedings more in German
5.4 interlocturory injunctions in civil proceedings more in German
5.5 Criminal Proceedings more in German
5.6 Proceedings with the infringer more in German
5.7. Public relations more in German

6. Can I initiate those defense measures (issue 5) in parallel? more in German

7. What costs should I expect for these defense measures (issue 5)? more in German

8. What other means do I have - additional to the registration of property rights - to defense my right on intellectual property in China against infringement? more in German

9. What to bear in mind in fairs? What means and rights do I have? more in German

10. Who is the person in charge? What other advices and further information exist? more in German

* The here proposed answers only refer to the PR China and not to Taiwan, Macau and Hong Kong. Detailed information concerning Intellectual Property Rights in Hong Kong are to be found in English here.

Limitation/disclaimer of liability:
We collected and proved the listed information with accurrateness.
The authors as well as the APM and the German Business Delegation in China assume no liability for the here provided information especially not concerning their correctness, completeness and relevance to the current situation. The assertion for claims under any circumstances is excluded. The information shall ease a first orientation and not provide or substitute an expert advice concerning your engagement in China. We highly recommend an adept consultation of local lawyers concerning legal aspects. The here provided information must not be your sole and only point of reference. Be aware that in many cases time periods are set that result in negative legal consequences. Those time periods were not presented in particular.

For all contents that are described on external websites and that were referred to beforehand the authors as well as above mentioned institutions do not assume liability.

Editor:

Ms. Doris Möller 
Attorny at Law
Member of the Board Anti-Product Piracy Campaign of German Industry


  

Ms. Alexandra Voss
Representative of German Economy and Trade in Beijing,
Member of the Board of the German Chamber of Commerce in China

Contact

North China

Contact

Thomas Bolkart

Head of Legal & Investment

+86-10-6539-6621
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Shanghai

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YU Rong

Head of Legal & Investment

+86-21-3858-5029
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South & Southwest China

Contact

Ingo Xu

Vice General Manager of German Industry & Commerce - Guangzhou

+86-(0)20 8755 8207
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Hong Kong

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Wolfgang Ehmann

Executive Director

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Taiwan

Contact

Kelly Peng

Head of Legal & Investment Services
Head of Recruitment & Training Services

+886-2-8758-5822
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