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On Development of Chinese IP System and How to Protect Enterprises' Technology and Brand by Using the IP System Jason X. WANG Patent Attorney Trademark Attorney Manager of International Dept. Nov. 2013


  1. On Development of Chinese IP System and How to Protect Enterprises' Technology and Brand by Using the IP System Jason X. WANG Patent Attorney Trademark Attorney Manager of International Dept. Nov. 2013 培训内容涉及商业机密,禁止复制、照相、录音等行为,敬请谅解。

  2. We are in a global village All right reserved by JILY 2013

  3. Chinese Patent Applications from 1985 to 2012 (Unit: Piece) All right reserved by JILY 2013

  4. All right reserved by JILY 2013

  5. Chinese Trademark Applications from 1999 to 2012 (Unit: Piece) All right reserved by JILY 2013

  6. All right reserved by JILY 2013

  7. Contents 1 Chinese Patent System 2 How to Protect Your Technology by the PT System 3 Chinese Trademark System 4 How to Protect Your Brand by the TM System All right reserved by JILY 2013

  8. 1 Chinese Patent System Chinese Patent Law  Effected on April 1, 1985  Amended for the 1 st time in 1992  Amended for the 2 nd time in 2000  Amended for the 3 rd time on December 27, 2008  The 4 th time amendment is in process…… All right reserved by JILY 2013

  9. 1 Chinese Patent System Chinese Patent Type  Inventions mean new technical solutions proposed for a product, a process or the improvement thereof.  Utility Models mean new technical solutions proposed for the shape and structure of a product, or the combination thereof, which are fit for practical use.  Designs mean, with respect to a product, new designs of the shape, pattern, or the combination thereof , or the combination of the color with shape and pattern, which are rich in an aesthetic appeal and are fit for industrial application. All right reserved by JILY 2013

  10. 1 Chinese Patent System Chinese Patent Examination  Invention Patent requests substantive examination, and protected for 20 years from the filing date.  Utility Model & Design requests preliminary examination, and protected for 10 years from the filing date. All right reserved by JILY 2013

  11. 2 How to Protect Your Technology by the PT System A B C File a File a File a Chinese Chinese Chinese patent patent by patent( Invent application Paris ion & UM) by directly Convention Patent Cooperation Treaty( PCT) All right reserved by JILY 2013

  12. 2 How to Protect Your Technology by the PT System All right reserved by JILY 2013

  13. 2 How to Protect Your Technology by the PT System Reduction and Exemption of Fees about PCT entering into China  If the PCT was filed with SIPO as Receiving Office, The national filing fee and additional fee is FREE .  If the ISR/IPER is authorized by SIPO, The substantive examination fee is FREE .  If the ISR/IPER is authorized by EPO or JPO or Swedish Patent Office, The substantive examination fee is 20% discount . All right reserved by JILY 2013

  14. 2 How to Protect Your Technology by the PT System Step1 Step2 Step3 Foreign Chinese Chinese applicant Patent Patent ( Enterprise Agent Office or Natural and ( SI PO) person) Attorney All right reserved by JILY 2013

  15. 2 How to Protect Your Technology by the PT System Litigation Civil Administrative Procedure Procedure Court Administration Department All right reserved by JILY 2013

  16. 2 How to Protect Your Technology by the PT System Vs RMB1.57 亿元 ( ≈ USD2300) All right reserved by JILY 2013

  17. 3 Chinese Trademark System Chinese Trademark Law  Effected on March 1, 1983  Amended for the 1 st time in 1993  Amended for the 2 nd time in 2001  Amended for the 3 rd time on August 30, 2013 ( Effected on May 1, 2014 ) All right reserved by JILY 2013

  18. 3 Chinese Trademark System Chinese Trademark Type  Trademarks ( Goods)  Service marks  Collective marks  Certification marks  Sound marks ( New ) All right reserved by JILY 2013

  19. 3 Chinese Trademark System Chinese Trademark Examination • File a trademark application A • CTMO accepts the application B • Formal Examination C • Substantive Examination D • Preliminary approved and published E • Opposition (3 months) F • Granted and published (10 years) G All right reserved by JILY 2013

  20. 4 How to Protect Your Brand by the TM System A B C File a File a File a Chinese Chinese Chinese tradem ark tradem ark tradem ark application by Paris by Madrid directly Convention System All right reserved by JILY 2013

  21. 4 How to Protect Your Brand by the TM System Step1 Step2 Step3 Foreign Chinese Chinese applicant Tradem ark Tradem ark ( Enterprise Agent and Office or Natural Attorney ( CTMO) person) All right reserved by JILY 2013

  22. 4 How to Protect Your Brand by the TM System Litigation Civil Administrative Procedure Procedure Court Administration Department All right reserved by JILY 2013

  23. 4 How to Protect Your Brand by the TM System All right reserved by JILY 2013

  24. All right reserved by JILY 2013

  25. 培训内容涉及商业机密,禁止复制、照相、录音等行为,敬请谅解。

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