China Intellectual Property Rights

China intellectual property rights are an an important part of our work. `We are very active in this area and assist with strategy, supervision, management, and monitoring of all classes of China intellectual property rights. We are particularly active in China Trade Marks and advise on their registration and all aspects of their management.

Strategy is important for China intellectual property rights

The legal regime for China intellectual property rights is relatively recent and still evolving. It is not enough to just register China intellectual property. A strategy for the management and supervision of China intellectual property rights is an essential element of any successful China project. Failure to develop and implement a strategy for China intellectual property will almost certainly lead to future problems some of which may not have a ready solution.

We work with our clients to develop effective strategies for the protection and management of their China intellectual property rights.. Of course, this includes formal protection by registration where this is appropriate, but also extends to the practical issues of continuing management, supervision, and monitoring.

When it comes to practical solutions there is no substitute for many years of experience on the ground in China and we apply this in every aspect of our work with China intellectual property rights.

The China intellectual property strategy should be developed and implemented very early in the life of the transaction. The first step in a China project should be ensuring that all relevant protection for China intellectual property has been considered and put in place. This requires planning if the overall progress of the project is not to be jeopardized.

Another important consideration is that the China intellectual property regime differs in detail from that used elsewhere so it is important that this is taken into account to avoid delays in getting protection and to ensure opportunities are not lost.  Perhaps most importantly, if the earliest opportunity to protect China intellectual property rights is not taken up when available, it is likely to be lost forever. Compelling reasons for action.

Licencing of China intellectual property rights

Licencing of China intellectual property is also an important part of our work and we have extensive experience with this. Effective licencing requires attention to the details of the Chinese regulatory regime for China intellectual property rights if overall protection is to be maximized. In turn, this will typically require China specific documents to be drafted if these important issues are to be taken into account.

Trademarks – important China intellectual property

Trademarks are a very important part of China intellectual property rights.  Early registration is important because China is a “first to register”, not “first to use” jurisdiction.  It is best to register your proposed China trademarks before doing anything else in a China transaction. If you do not, you may find someone else has registered your trademarks.

Registering a the right China trademark in China is important. We actively apply our legal skills to this work from the beginning, advising on the likelihood of a registration being successful as part of the initial strategy development. We very often also help to create a mark in Chinese to match the product or service concept. This is not just a translation process, but ideally results in a mark that sounds in Chinese like the original, together with a positive meaning.  Every product ans service gets a Chinese name so it is best if you take control this as part of your China intellectual property strategy.

Applying for registration of your trademark is a first step, but we seek re-examination if a mark is rejected on what appear to be insufficient grounds, and follow the process through to its conclusion.

Protecting China intellectual property by monitoring others.

Another important part of getting and managing China intellectual property rights is monitoring the activities of others,  We assist clients with opposing the registration of apparently conflicting trademarks by others and by taking action to cancel conflicting trademarks that have been registered by others and not used.

To protect our client’s interests in this area we actively monitor new applications for trademark registration so that we can seek out those that conflict with our client’s China intellectual property rights.