China
GENERAL INFORMATION
Area: 9,600,000 sq. km.
Population: 1.410 billion (2024).
Capital: Beijing.
Language: Mandarin (official).
Currency: Renminbi (Chinese yuan).
GENERAL REMARKS
With the introduction of a socialist market economy, China’s foreign trade is run by import and export corporations, enterprises and manufacturers under various forms of ownership under the guidance of the Ministry of Commerce of the People’s Republic of China, and the competent authorities of the various provinces, autonomous regions and municipalities.
PATENTS OF INVENTION
LEGAL BASIS
- Patent Law of the People’s Republic of China, in force since April 1, 1985. Latest revision in force since June 1, 2021.
- Implementing Regulations of July 1, 2001. Latest revision effective from January 20, 2024.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since March 19, 1985.
- Patent Cooperation Treaty (PCT), since January 1, 1994.
FILING REQUIREMENTS
- Power of Attorney (no legalization);
- Specification with claims and abstract (in English, German, French or Japanese for translation into Chinese);
- Drawings, if any (1 set of the formal drawings), size not exceeding 165 x 245 mm (for electronic filing);
- Certified copy of the basic application, if priority is claimed; can be filed within sixteen months from the earliest priority date;
- Assignment of priority rights (only if the applicant of the Chinese application differs from that of the first application), no legalization. It can be filed within sixteen months from the earliest priority date, but should be signed before the filing date of the Chinese patent application.
REMARKS
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Validity: issued after a formal and full examination – 20 years from the filing date.
Annuities: after granting, the first annuity for the current year in which the patent was granted must be paid.
Opposition: any party may file observations regarding an application to CNIPA after the publication and before the announcement of patent grant.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Trademark Law, in force since March 1, 1983, last amended on November 1, 2019.
- Implementing Regulations under the Trademark Law. Fourth Revision of May 1, 2014.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since March 19, 1985.
- Madrid Agreement, since October 4, 1989.
- Madrid Protocol, since December 1, 1995.
FILING REQUIREMENTS
- Power of Attorney (no legalization);
- No print of the trademark label is needed;
- An extract from the Commercial Register or ID of the applicant (photocopy is acceptable);
- Priority document, if any (must be filed within three months after the filing date in China).
REMARKS
Kinds of protection: verbal, pictorial and other designations or their combinations, and sounds. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: compulsory. Non use during any three-year period after the registration date may lead to cancellation.
Duration – renewals: 10-year periods from the registration date or last renewal date.
Opposition: any person may, within three months from the date of the publication (for international marks [Madrid]: starting on the first day of the month following the publication in “Les Marques Internationales”), file an opposition against the registration of the trademark. If no opposition is filed, or if it is decided that the opposition is not justified, registration is approved, a trademark certificate issued and the registered trademark published.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Patent Law of the People’s Republic of China, in force since April 1, 1985. Latest revision in force since June 1, 2021.
- Implementing Regulations of July 1, 2001. Latest revision effective from January 20, 2024.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since March 19, 1985.
- Hague Agreement, Geneva Act, since May 5 2022.
FILING REQUIREMENTS
- Power of Attorney (no legalization);
- Drawings or photographs of the design (6 orthographic views), max. 16.5 x 24.5 cm (for electronic filing);
- Indication of the name and address of the applicant, the name of the creator(s), and the nationality of the first creator;
- Title of the design;
- Brief description of the design;
- Certified copy of the basic application, if priority is claimed; can be filed within three months from the filing date.
REMARKS
Duration – renewals: after formal examination: 15 years from the filing date.
Opposition: not provided for.
DOMAIN NAMES
LEGAL BASIS
There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.
FILING
- ccTLD: .cn
- Applicant: individuals and legal entities.
- Local presence: not required.
REMARKS
Duration – renewals: one to ten years, renewable for like periods.
Uniform dispute resolution procedure: available (variation of UDRP) before WIPO Arbitration and Mediation Center.
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