Trademark Protection China

 

China trademark protection is only possible if you have a registered mark in the country. The government operated trademark office is responsible for all trademark administration and registration inChina.

Registering a trademark is is a lengthy process, so you should take this step as soon as possible. Unfortunately the Peoples Republic of China (PRC) offer very little protection to non registered marks, unless yours is considered to be a 'well known mark' as deemed by the Members of the Paris Convention.

If a trademark holder suspects or finds an infringement they may choose to notify the relevant Administration of Industry and Commerce (AIC) and let them handle the issue.

Alternatively they may wish to bring a civil or criminal court action against the offender. The AIC exists under the PRC government at a national, regional and local level. Infringement matters are not required to undergo AIC review before entering the courts.

The Customs Authorities in China supervise the import and export of products and goods. If an infringement is discovered they will alert the registered trademark holder who may then wish to request a detainment of the goods. It is the IP or trademark holders responsibility to make records of the intellectually property detained as well as accurate dollar values and evidence of the infringement. After doing so an application to court must be made for an injunction. If this is not satisfied, customs will release the goods.

Understanding trademark protection china is often a confusing process for foreign companies. There are many formalities involved and what actually constitutes a copyright infringement in china is not always clear. Infringements need to be carefully classified according to Chinese law and it is recommended that you deal with investigation, legal and administration teams who have experience with the environment. Although the PRC are continually making admirable strides in protecting intellectual property. Matters are best handled in-house along with the right advice and systems.

Any legal proceedings must involve the PRC and or AIC, but the removal of online infringements will greatly help to stop the problem and it doesn't require government contact. The Internet Countermeasures Program by CISAA has been specifically developed for trademark protection China.