Page 65 - Doing Business in China

IPR IN CHINA

CATEGORIES OF INTELLECTUAL PROPERTY RIGHTS (IPRS)

An intellectual property right (‘IPR’) in China is a term referring to a brand, invention, design or other kind of creation
that a person or business has legal rights over� Almost all businesses own some form of IPR, which acts as a
business asset�

Some of the most common forms of IPR in China are as follows:

▪ Copyright-protected written or published works such as books, songs, films, web content and artistic works�
▪ Patents, including those for inventions, utility models and designs� This protects commercial inventions, such
as a new business product or process, and designs, such as drawings or computer models�
▪ Trademarks protect signs, symbols, logos, words or sounds that distinguish your products and services from
those of your competitors�

LAWS AND REGULATIONS ON IPRS IN CHINA

Categories Administrative Relevant Laws & Relevant Rules
of IPR Department Regulations
• If the author is a citizen: the term of protection is during
the life of the author and 50 years after his /her death,
expiring on 31 December of the 50th year after his/her
• Copyright Law death; in case of a cooperative work, it shall expire on
(Revised in 2020) 31 December of the 50th year after the death of the
National Copyright • Implementation
Copyright last author�
Administration Regulations of the
Copyright Law • If the author is a noncitizen: the term of protection is 50
years, expiring on 31 December of the 50th year after
(Revised in 2013)
the first publication of the work; However, if a work has
not been published within 50 years after its creation, the
Copyright Law shall no longer protect it�

• Invention patents grants exclusive rights to the owner of
an invention for a maximum of 20 years, calculated from
• Patent Law the date of application�
(Revised in 2020) • Utility model patents grant protection for a maximum of 10
China National years, calculated from the date of application�
Patent Intellectual Property • Implementation
Administration Regulations of • Design patents grant protection for a maximum of 15
the Patent Law years, calculated from the date of application�
(Revised in 2010) • “First to file” principle, i�e� if two people apply for a patent
on an identical invention, the first one who files the
application will be awarded the patent�

• Trademark Law
(Revised in 2019)
Trademark Office
of China National • Implementation • A trademark is valid for 10 years, after which it may be
Trademark Regulations of the
Intellectual Property renewed indefinitely for every 10-year period�
Administration Trademark Law
(Revised in 2014)

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