1 The following types of Intellectual Property are protected by law in the PRC: 1.1 Patents for: 1.1.1 Inventions 1.1.2 Utility Models (or "petty patents") 1.1.3 Designs 1.2 Copyright for such subject matter as: 1.2.1 literary, musical, artistic, photographic and cinematographic works 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 grouping) (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 activities 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 eg. For 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 - thope@landp.com Tel - 852 28424888 Fax - 852 28108133
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