A Simplified Version of China’s Trademark & Encryption Law

trademark registration in China

Every factory over there has experience creating and assembling many different types of products. They may have already made a product that is very similar to yours and they can draw on that knowledge. Manufacturing in China also gives you the advantage of geography by placing your products near fast-growing Asian markets, which can be a huge advantage if your business plan includes selling in these Asian countries.

While the Beijing, Shanghai, and Guangzhou IP courts and the IP tribunal of the Supreme People’s Court can only adjudicate civil and administrative IP cases, the specialized regional IP tribunals can adjudicate civil, administrative, and criminal IP cases. It is the Chinese government’s view that the intellectual property protection system plays a significant role in promoting progress in science and technology, enriching the culture, and developing the economy.


Chinese Character Trademarks

In China, the Chinese language version of your brand can be just as important as the English language version. If you don’t have a Chinese version of your trademark, you are strongly advised to create one and register it. Otherwise, the local market will create one for you and someone else might register it. It should be noted that the CTMO considers foreign equivalents of marks during the examination process. Chinese written language is comprised of characters, each of which not only has a sound, but also a meaning. There is both a “traditional” set of Chinese characters and a modern, more simplified, set of characters having fewer strokes. China is currently using the modern version. So, it is advised to seek assistance from a trademark attorney for registering a trademark in China.

China’s encryption law-

According to DLA Piper, the new encryption classification: encryption products, technologies, and services will now be categorized into three tiers: “core”, “ordinary” and “commercial”. The first two tiers will be used to protect “state secrets”, and so will be more heavily regulated than the latter (i.e., state-monitored security assessments and audits may take place during the development, implementation, and maintenance of such technologies; and it appears that only local PRC vendors may be entitled to sell and provide such technologies). It is anticipated that most businesses will only be dealing with “commercial” encryption, but organizations will need to check this is the case.


Why it Makes Sense to Hire a China Patent Attorney

A patent is a techno-legal document. Many foreign inventors trying to write a patent application on their own write it from a completely technical perspective. Writing a patent application as a technical document without considering the legal aspect may be a mistake that can make your application not properly covering the scope of the protection. None can predict exactly how difficult it will be to get your application allowed after filing and each round of argument is expensive. Depending on the technology area, it can take 2-4 rounds of argument on average, but there are some who take far more or less with you paying for each round.


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