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China IP - IP Guides

The following Helpdesk publications provide a range of expert-written guides that assist businesses in understanding the IP landscape in China.

IP Guides

The following Helpdesk publications provide a range of expert-written guides that assist businesses in understanding the IP landscape in China.

 

IP Guide listing

GuideCopyright

 

Guide to Copyrights in China

A copyright protects intangible original intellectual creations in the fields of literature, art or science that can be reproduced in a tangible form from being reproduced without the permission of the copyright holder. Unlike trademarks and patents, registration of copyrights is not compulsory in order to obtain protection, but can help in proving the ownership of the copyright in the case of infringement. Download the full guide to learn more.

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PCT_Guide

 

Patent Cooperation Treaty (PCT) Guide

This guide is for enterprises interested in pursuing patent applications under the Patent Cooperation Treaty (PCT). It specifically targets small and medium sized enterprises (SMEs) wanting to patent their inventions in a simple and cost-effective way at an international level. The guide provides a detailed overview of the two phases of the PCT application procedure and outlines the costs and requirements of the national phase in Latin America, China and South-East Asia. The guide also discusses the role of the European Patent Office (EPO) under the PCT.

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TechTransfer_Guide

 

Technology Transfer to China: Guidance for Businesses

Many European companies are keen to come to China. While in the past, European companies came to China to take advantage of low-cost manufacturing for export, more recently, they have come to enter the Chinese domestic market, establish R&D collaborations, engage in cooperative development, take advantage of a skilled work force, establish suppliers, and develop long-term partnerships in China. In order to achieve this, they are often willing to ‘transfer’ their key technology and designs to Chinese subsidiaries of European firms, joint-venture (JV) partners, or Chinese manufacturing and service companies. One of the challenges facing European companies coming to China is devising creative solutions to minimize the risk to their intellectual property (IP) associated with such technology transfers.

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HandleIPscams

 

How to Identify and Handle IP Scams

This guide provides EU SMEs with tips on how to recognise IP scams, where to find the correct information on IP services and what actions can be taken to avoid or mitigate scams.

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Contracts_Guide

 

Guide to Using Contracts to protect your Intellectual Property Rights in China

Tailoring contracts to suit your IPR is an important way to ensure that your company's specific intellectual property assets are adequately protected. This guide outlines some key contract provisions that you need to include in your agreements, important clauses that must not be used in China (because they could be in contravention of the Chinese laws thus rendering the contract void), how to protect confidential information through contracts, and protecting the ownership of new IP created in China). It contains a sample Non-Disclosure Agreement.

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ManagingIP2

Guide on Managing IP as a Business Asset

Understanding the financial value to the business of specific IP assets is of particular importance when moving into a new market – product or geographic – because there will be new risks as well as opportunities. China presents some special challenges and practical steps to protect the value of IP assets are often as important as legal ones. This guide aims to explain how IP assets matter from a financial perspective and assess how to manage them to the greatest business advantage.

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Enforcement_Guide

 

Enforcement of Intellectual Property Rights in China

The intellectual property rights (IPR) available in China are very similar to those available in Europe. Assuming you have registered your IP and found it being infringed then you will want to enforce it. How will you find it being infringed? Your customers might tell you about competing products, you might find infringements for sale on the internet, you might see infringing products at a trade fair.
This guide gives you an overview of what steps you should take once you have gathered sufficient information and decided to take action and enforce your IPR rights in China.

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Customs_Guide

 

Guide on How to record IPR with the Customs in China

Unlike Europe, China has both imports and exports customs, which has the authority to seize IP infringing goods. Learn how to work with Chinese customs to protect your IPR and prohibit infringing goods from entering or leaving the country

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How to find an intellectual property agent_cover

 

Guide on How to Find an Intellectual Property Agent

Filing proper intellectual property (IP) registrations before you start doing business in China is essential in order to protect your company’s intangible assets and provide the ground work in case you need to enforce your rights in China. As an EU SME, if you plan to apply for a trade mark or a patent in China, you may be able to extend your domestic registrations to China or you may need to, or prefer to, register patents directly with the National Intellectual Property Administration (CNIPA) or trademarks with the Trade Mark Office of CNIPA. In either scenario, you may want to, or be required to hire a local professional IP agent or lawyer to do the registration on your behalf.  In practice, where and how to find a good IP agent in China is a common concern for SMEs. This guide provides some basic guidelines, tips and sources on how to find a trade mark or patent agent and what to look out for when choosing the right agent for you.

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Guide-on-Arbitration-and-IP-for-EU-SMEs

Guide on Arbitration and IP for EU SMEs

Imagine a situation that you signed a licensing agreement with your Chinese business partner. At the beginning, all looks very promising, but after a few months, your business partner is not paying due fees for the use of the license. You are sending emails to urge the other party to pay immediately. That is, however, unsuccessful. You wonder what step to take next, and it seems that the only way is to go to a Chinese court to resolve this dispute. Yet, that does not have to be the only way to resolve your IP related disputes. This Guide introduces you to the use of an alternative way, arbitration, in the context of IP-related disputes with China.

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Guide-to-New-Varieties-of-Plant-in-China

Guide to New Varieties of Plant

New variety of plant (NVP), refers to improved plant varieties, cultivated or developed from wild plants discovered by breeders, which possess novelty, distinctness, uniformity and stability, as well as an adequate denomination. To acknowledge the special efforts and achievements made by the breeders in developing new varieties for agriculture, horticulture and forestry, the protection of NVP entitles the plant breeders the exclusive rights to use the variety for commercial use.

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Guide-to-Geographic-Indications-in-China

Guide to Geographic Indications in China

‘Champagne’ sounds better tasting than ’sparkling wine’, doesn’t it? What about ’Bordeaux wine’, ’Parma ham’ and ’Roquefort cheese’? You can practically taste them, right? Such specific origins that create an association with a product’s quality, reputation or other characteristics are called Geographical Indications(GIs). The market for imported foods in China is large and growing. If you intend to export products that come from a specific geographical region to China, obtaining a GI registration can provide the necessary proof of the product’s origin and can increase trust from domestic consumers. This guide will take you through the necessary steps in registering your GI.

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Guide-to-Trade-Mark-protection-in-China

Guide to Trade Mark protection in China

Until you register a trademark in China, you do not own that right, meaning that applying for a trademark before entering the China market is of utmost importance. This guide walks you through an overview of trademarks, how to apply for them and how to enforce your rights in case of an infringement.

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TradeMarkSearch2_Guide

 

Guide on How to Conduct a Trade Mark Search

Every company, no matter how big or small, has some IP. The most common type of intellectual property right (IPR) is a trade mark. A trade mark is essential to all kinds of companies, whether you are a producer, distributor or service provider, as it allows clients to distinguish you from your competitors and builds the image and reputation of your brand. Before you apply to register your trade mark in China you should check that it is available and has not been previously registered by another company, or is too similar to any other registered trade mark. This step will prevent you spending resources on an application which will be rejected and could delay your business operations in China. This guide is designed to Help you understand how to conduct a trade mark search on your own.

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Protecting-your-Trade-Secrets-in-China

Guide to protecting your Trade Secrets in China

A trade secret is any non-public information with actual or potential commercial value that is guarded by confidentiality measures. Trade secrets can ensure business advantage over competitors but must remain secret – once a trade secret becomes publicly known, it can no longer be protected as a trade secret. Most theft of trade secrets cases involve current or former employees. Download the full guide to learn more.

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Compliance-with-Cyber-Security-Law-and-its-impact-on-IP-protection

Compliance with Cyber Security Law and IP protection

The Cyber Security Law of China (CSL) entered into force in 2016. It has significant implications with regards to data privacy and data transfer for EU SMEs doing business in China. This guide provides you with an overview of the CSL, its implications to data privacy and IP protection and offers SMEs tips on how to effectively protect their IP.

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Guide-to-using-Customs-to-protect-your-IPR-in-China

Guide to using Customs to protect your IPR

Unlike Europe, China has both imports and exports customs, which has the authority to seize IP infringing goods. Learn how to work with Chinese customs to protect your IPR and prohibit infringing goods from entering or leaving the country.

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IP-strategy-for-European-SMEs-at-Trade-Fairs-in-China

IP Strategy for SMEs attending Trade Fairs in China

Trade fairs represent an opportunity to promote your products in China but also expose your IP to potential infringers. This handbook provides a step-by-step guide to intellectual property strategy and protection before, during and after a trade fair or an exhibition in China.

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How-to-internationally-protect-your-trade-mark-through-the-Madrid-system

How to internationally protect your Trade Mark through the Madrid system?

The ‘Madrid system for the international registration of trade marks’ is a cost-effective solution for registering trade marks worldwide. The system is administered by the International Bureau of the WIPO and allows trade mark owners to protect their marks in several countries by filing one application and obtaining an international registration that takes effect in each of the designated contracting parties. This guide will give you an overview about how the system works and what are the advantages and disadvantages.

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How-to-secure-effective-evidence-at-Trade-Fairs

How to secure effective evidence at Trade Fairs?

For many European SMEs, exhibiting at a major trade fair in China may be the first step towards internationalisation. However, as well as providing business opportunities, trade fairs also pose risks for exhibitors by exposing new products, technology, designs and brands to those who would copy the efforts of others for their own financial gain. This step-by-step provides you with practical advice on how to collect evidence of IP infringements at trade fairs in China.

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How-to-search-for-basic-Chinese-company-information-to-protect-your-IP

How to search for basic Chinese company information to protect your IP?

When establishing business operations in China, finding local business partners and customers can be a major task. As well as the challenge of reaching out to a new business community, how can you have confidence in the honesty of your potential partners? How can you check that the company really has the scope and capabilities claimed? If you find out that your intellectual property in China has been infringed how can you start to research the infringer? This How-to guide will give you practical guidance on these issues.

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IP-strategies-for-EU-cleantech-SMEs-in-China

IP strategies for EU ‘Cleantech’ SMEs in China

With a large potential clean technology market, and strong government support for the development and adoption of new clean technologies, China presents great opportunities for European cleantech SMEs. However, as the market becomes increasingly competitive, strategically managing, protecting and leveraging IP becomes even more essential. Understanding how IP fits into the overall strategy of your business in China can lead to more opportunities and conserve competitiveness. Download this guide to learn more.

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Industry-4_3

Industry 4.0 and IP protection

Industry 4.0 technologies are transforming economies, jobs and even the society itself. The Chinese market is also affected by this change as the government plans to upgrade th manufacturing capacity of the Chinese industry into a technology powerhouse. Applying the traditional concept of IP to these new technologies can be difficult; this guide provides more information on how to protect and exploit IP for SMEs engaging in industry 4.0 technolgies in China, including creation, registration and management of an IP portfolio.

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Guide-to-IPR-protection-for-the-Gaming-Industry-in-China

IP protection for the Gaming industry

China’s gaming industry enjoyed a tenfold increase in revenue between 2008 and 2017, becoming the world’s largest gaming market in 2018. As a result, European SMEs are increasingly interested in expanding to China, although IPR infringements still represent a major concern. This guide provides an overview of IP protection in game development, helping EU SMEs deploy a comprehensive IP strategy when doing business with China.

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IPR-protection-for-AI-technology-_-application-of-Blockchain-in-China

IPR protection for AI technology & application of Blockchain in China

Artificial Intelligence (AI) and Blockchain are among the most important and potentially revoultionary technological advancements of the 21st century, playing a major role in industries ranging from automated driving to language and speech recognition. This guide provides European SMEs with knowledge on how AI  is protected by IP laws in China, outlining how to protect data through copyright, patent and trade secrets. It also gives an overview of legal opportunities provided by blockchain, and the use of blockchain in Chinese courts.

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Guide-to-IPR-protection-in-China-for-the-Cosmetics-Industry

Guide to IPR protection in China for the cosmetics industry

In recent years, due to the expansion of China’s middle class, increased interest in personal care has led to the rapid development of the cosmetics industry. In addition, the adjustment of the tariff system in China and the rise of e-commerce platforms such as Taobao, Jingdong and Pinduoduo contributed to the sales of cosmetics products. The industry shows an annual growth of 12.6% and in 2019.

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