On Development of Chinese IP System and How to Protect Enterprises' - - PowerPoint PPT Presentation

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On Development of Chinese IP System and How to Protect Enterprises' - - PowerPoint PPT Presentation

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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

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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。

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
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All right reserved by JILY 2013

We are in a global village

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

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Chinese Trademark Applications from 1999 to 2012 (Unit: Piece)

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Chinese Patent System

1

How to Protect Your Technology by the PT System

2

Chinese Trademark System

3 Contents

How to Protect Your Brand by the TM System

4

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Chinese Patent System

1 Chinese Patent Law

Effected on April 1, 1985 Amended for the 1st time in 1992 Amended for the 2nd time in 2000 Amended for the 3rd time on December 27, 2008 The 4th time amendment is in process……

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Chinese Patent System

1 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.

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Chinese Patent System

1 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.

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How to Protect Your Technology by the PT System

2 A

File a Chinese patent application directly

B

File a Chinese patent by Paris Convention

C

File a Chinese patent( Invent ion & UM) by Patent Cooperation Treaty( PCT)

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How to Protect Your Technology by the PT System

2

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How to Protect Your Technology by the PT System

2

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.

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How to Protect Your Technology by the PT System

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Chinese Patent Agent and Attorney Foreign applicant ( Enterprise

  • r Natural

person) Chinese Patent Office ( SI PO)

Step1 Step2 Step3

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How to Protect Your Technology by the PT System

2

Civil Procedure Court

Litigation

Administrative Procedure Administration Department

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How to Protect Your Technology by the PT System

2

Vs RMB1.57亿元(≈USD2300)

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Chinese Trademark Law

Effected on March 1, 1983 Amended for the 1st time in 1993 Amended for the 2nd time in 2001 Amended for the 3rd time on August 30, 2013（Effected on May 1, 2014） Chinese Trademark System

3

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Chinese Trademark Type

Trademarks（Goods) Service marks Collective marks Certification marks Sound marks（ New ） Chinese Trademark System

3

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Chinese Trademark Examination

A

  • File a trademark application

B

  • CTMO accepts the application

C

  • Formal Examination

D

  • Substantive Examination

E

  • Preliminary approved and published

F

  • Opposition (3 months)

G

  • Granted and published (10 years)

Chinese Trademark System

3

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A

File a Chinese tradem ark application directly

B

File a Chinese tradem ark by Paris Convention

C

File a Chinese tradem ark by Madrid System How to Protect Your Brand by the TM System

4

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Chinese Tradem ark Agent and Attorney Foreign applicant ( Enterprise

  • r Natural

person) Chinese Tradem ark Office ( CTMO)

Step1 Step2 Step3 How to Protect Your Brand by the TM System

4

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Civil Procedure Court

Litigation

Administrative Procedure Administration Department How to Protect Your Brand by the TM System

4

All right reserved by JILY 2013

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How to Protect Your Brand by the TM System

4

All right reserved by JILY 2013

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All right reserved by JILY 2013

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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。