1 The following types of Intellectual Property are protected by
law in the PRC:
1.1 Patents for:
1.1.2 Utility Models (or "petty patents")
1.2 Copyright for such subject matter as:
1.2.1 literary, musical, artistic, photographic and
1.2.2 sound recordings
1.2.3 computer software and databases
1.2.4 technical diagrams
1.3 Trade Marks:
1.3.1 for specified goods and services (using the
international classification system)
(ii) as marks used in business/commerce to denote
the goods of a particular trader
(iii) as collective marks (ie. to distinguish
members of a trade association or other
(iv) as certification marks (ie. to show that a
certain quality has been reached for the goods
or services in question)
1.3.2 as marks which are "well-known" in China
1.4 Trade names and trade dress:
1.5 Trade secrets, know-how and other confidential information
2 The laws governing IPR protection include:
2.1 the Trade Mark Law
2.2 the Patent Law
2.3 the Copyright Law
2.4 the Anti-Unfair Competition Law.
3 These laws are supplemented and interpreted according to a
substantial body of implementing regulations and directives.
4 The following types of IPRs are not expressly protected by law
in the PRC, but may be protectable by reference to other forms
of IPRs or by other means, according to specific circumstances:
4.1 Scientific discoveries and rules or methods for mental
4.2 Methods for the diagnosis or treatments of diseases
4.3 Plant varieties
4.4 Semi-conductor chip topographies
4.5 Trade marks for wholesaling and retailing
4.6 Appellations of origin
5 For patents, trade marks and certain kinds of pharmaceutical or
agrochemical products, protection is obtainable only by
registration on a "first-to-file" basis.
6 For other forms of IPRs, registration is not mandatory but is
recommended in certain circumstances eg.
6.1 to secure better protection for copyright (especially in
computer software, printed publications and audio-visual
products such as videos and CD-Roms)
6.2 to secure enforcement of IPRs by Customs
7 Licences of IPRs may need to be registered with PRC authorities
7.1 trade marks
7.2 computer software, printed publications and audio-visual
products such as videos and CD-Roms
7.3 licences which involve the importation of technology to the PRC
(ie. from an overseas to a domestic entity).
1 May 1996
LINKLATERS & PAINES, HONG KONG OFFICE - Contact Partner Tom Hope
Internet address - firstname.lastname@example.org
Tel - 852 28424888
Fax - 852 28108133
FURTHER INFORMATION on the above may be obtained via Linklaters & Paines Hong Kong office or via any of the other nine Linklaters & Paines offices world-wide, located in Singapore, Tokyo, London, Brussels, Paris, Frankfurt, New York, Washington D.C. and Moscow. Contact details for the various L&P offices worldwide are available via the Linklaters & Paines corporate listing c/o Business Monitor Online - http://www.businessmonitor.co.uk
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