Intellectual Property Protection in China in Russia and abroad

Contrary to common misconceptions, the protection of intellectual property rights in China is given increased attention by the government. The intellectual property registration procedure will protect unique technologies, trademarks and production secrets. The firm of patent attorneys Prof-Patent offers services for registration and protection of intellectual property rights in China.

How to register intellectual property rights in the PRC

Most international conventions in the field of copyright and patent law are in force in China. However, the system of national legislation also distinguishes an elaborate mechanism of protection of the author and the right holder. Let's highlight the main nuances to be taken into account when registering intellectual property rights in China:

• copyright arises from the moment when the work or its part was created - registration is not obligatory, but it will simplify the procedure of protection against infringement by other persons;
• a patent can be issued for common objects of intellectual property - invention, industrial design, utility model, etc;
• to protect its brand, you can register the rights to a trademark - in this case, the foreign producer will be able to place it on its goods, and to demand a ban on products with a similar designation;
• to apply for registration can be directly to the Chinese National Intellectual Property Office (SNIPA), or under international treaties - in the second case the application is filed through the applicant's national patent office (in Russia such service is Rospatent).

In order to obtain legal protection for an object in Hong Kong, it is necessary to go through an independent registration procedure - for this purpose, the application is submitted to the Department of Intellectual Property. There are several programs of state support for residents and foreign companies willing to register and use their technology on the territory of this economic zone in Hong Kong.

All actions at the registration stage can be done independently or through patent attorneys. The second option makes it possible to conduct a full and quick preliminary search through the registers of intellectual property rights, to correctly draw up an application taking into account the Law on Patents of the PRC, to eliminate any risks of refusal in patenting. Prof-Patent specialists will perform all these actions in the shortest possible time, and the patenting procedure will be carried out without any comments from the patent office.

Варианты защиты интеллектуальной собственности в Китае

From the moment of registration in the registry and issuance of the patent, the right holder can use the exclusive rights for his own production or sale of goods, or transfer them to others. The procedure for concluding an alienation agreement or license agreement is regulated not only by international acts, but also by the Patent Law of the People's Republic of China.

To protect intellectual property rights, it is better to seek help from professional experts - patent attorneys. Protection will be done in the following areas:

From the moment of registration in the registry and issuance of the patent, the right holder can use the exclusive rights for his own production or sale of goods, or transfer them to others. The procedure for concluding an alienation agreement or license agreement is regulated not only by international acts, but also by the Patent Law of the People's Republic of China.

To protect intellectual property rights, it is better to seek help from professional experts - patent attorneys. Protection will be done in the following areas:

• execution of contracts for the transfer of rights to other persons - such agreements are of compensatory nature, and the cost of the transferred rights is agreed by the parties themselves;
• The discovery of infringements by competitors - in this case, it is possible to claim for prohibition of illegal activities, to recover the damage caused;
• judicial protection - in China there is a system of intellectual property courts, through which one can claim damages or compensation for each violation.

Additional fees must be paid for the extension of the term of validity of a patent. In addition, the right holder has the right to go to court to recognize or challenge the rights, as well as to demand the removal of counterfeit products from circulation.

Our Services in Russia and abroad

The firm of patent attorneys Prof-Patent offers services to Russian companies for registration and protection of intellectual property rights in China and Hong Kong. We will provide the following types of legal assistance:

• consulting support in preparing the application and obtaining a patent, concluding agreements on the transfer of rights and judicial protection against infringement;
• registration and filing of application through Rospatent's services or through patent attorneys in China;
• Representation of interests in the detection of exclusive right infringement, including in courts of the People's Republic of China;
• assistance in estimation of value of intellectual rights for conclusion of contracts, or calculation of damages when applying for judicial protection.

Our patent attorneys have extensive experience in protecting rights holders in China. In addition, we cooperate with Chinese patent attorneys, which greatly simplifies the process of registration, use and protection of rights.

Call us at the numbers listed on the website or leave your questions in the feedback form - we will explain the provisions of law and international law and help solve even the most complicated problem.