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Brand awareness among consumers in China has been increasing rapidly in recent years. With a wide variety of commodities available on the market, people often make their buying decisions based on brands. Brand building is, therefore, the key to opening up the Chinese mainland market

Practical Guide to IPR Protection in China



Content provided by : Hong Kong Trade Development Council

This guidebook offers ways of protecting IPR in relation to establishing brands on the Chinese mainland, and analyses the pros and cons and applicability of each and every way. It also gives a systematic account on trademark right, which is directly related to brands, as well as relevant areas such as copyright, registered design and domain name right. Suggestions on out-of-court settlement of disputes and strategies of brand protection, such as brand information management, are also provided. Excerpts below offer a practical reference for Hong Kong companies venturing into the mainland market by way of brand promotion. To order the full version, please visit our retail outlets or online TDC Bookshop.

  1. What are the brand-related intellectual property rights in China?
  2. What is a trademark?
  3. What is the "first-to-file" principle?
  4. What are the grounds for objecting to trademark registration?
  5. What is the meaning of distinctiveness of a trademark?
  6. What are similar trademarks?
  7. Application procedure for trademark registration
  8. What are the points to note after registration of a trademark?
  9. What is the validity period of a registered trademark?
  10. What is a well-known trademark?
  11. What special protection do well-known trademarks enjoy?
  12. What is copyright?
  13. What kind of works enjoys copyright?
  14. How do residents and enterprises outside China obtain copyright in China?
  15. What is the purpose of registering copyright?
  16. What is the term of copyright protection?
  17. How do enterprises protect copyright in their day-to-day operation?
  18. What types of design can be granted patent?
  19. How does the Patent Office examine a design patent?
  20. What is the term of protection for design patents?
  21. What constitutes trademark infringement?
  22. What constitutes copyright infringement?
  23. What constitutes design patent infringement?
  24. What are the available courses of action for resolving intellectual property disputes?
  25. What are the pros and cons of administrative actions and civil proceedings?
  26. Where to lodge an administrative complaint on infringement acts?
  27. What preparations should be made before lodging an administrative complaint?
  28. What is the civil litigation system like in China?
  29. What preparations should be made before instituting civil litigation in infringement cases?
  30. What constitutes intellectual property rights infringement offences?
  31. How to hold an infringer of intellectual property criminally liable?
  32. What is the Domain Name Dispute Resolution System?
  33. To which organisations should domain name disputes be filed?
  34. Who may seek intellectual property protection from the Customs?
  35. How to apply to the Customs for filing intellectual property rights for the record?
  36. Warning letters
  37. Negotiation
  38. Why is collecting and safekeeping brand data important?
  39. How to collect and safekeep brand data?
  40. How to prevent infringement of one's brand?