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IPR IN CHINA

TREATIES & RECIPROCAL AGREEMENTS

▪ The Berne Convention: Each member state recognises the copyright of authors from other member states in
the same manner as they would the copyright of their own nationals�
▪ The Paris Convention: Any person from a signatory state can apply for a patent or trademark in any other
signatory state, and would be given the same enforcement rights and status as a national of that country
would be granted�
▪ The Madrid Protocol: This is a central system for obtaining a “bundle” of national trademark registrations in
different jurisdictions, through a single application�

REGISTRATION OF IPRS IN CHINA

COPYRIGHT
Registration of copyright is not compulsory in order to receive copyright protection, though seeking redress for
any violations can be difficult without prior registration�

PATENT
Foreign enterprises can appoint an agent authorised by the State Intellectual Property Office (SIPO) to handle
their patent applications�

TRADEMARK
Foreign enterprises can appoint an authorised trademark agent to handle their applications for trademark
registration�

HOW TO PROTECT IPRS IN CHINA

The protection of IPRs is overseen by the China National Intellectual Property Administration, which also handles
disputes on IPRs� Disputes over trademarks are handled by the Trademark Office of China National Intellectual
Property Administration�

Infringement of IPRs can be resolved through negotiations among the parties involved� If this fails, then the
relevant parties may choose to proceed with administrative procedures or legal proceedings�

For enquiries on our intellectual property rights advisory service in China, contact Lee Lee at +86 21 6186 7602 or
TanLeeLee@SBASF�com

Doing Business in China 2023 | 65