Department of Intellectual PropertyAffair 

IP department mainly deals with legal affairsconcerning patent, trademark, copyright, anti-unfair competition, commercialsecret and technical secret.

Our services include:

i.     patent:scheming of protection of patent; patent lawsuits; examining contracts oflicense or assignment; international application and protection of patent; etc.

ii.   trademark:scheming of protection and management of trademark; lawsuits concerningapplication, modification and revocation of trademark; examining contracts oflicense or assignment; registration of domain name and disputes of this kind;international registration and protection of trademark; etc.

iii.  copyright:consultation on protection of copyright; lawsuits of copyright infringement;protection of computer software and hi-technology; protection of integratedcircuit; registration and protection of new genus; international applicationand protection of copyright; etc.

iv.  anti-unfaircompetition: disputes involving infringements of commercial or technicalsecrets, disputes involving feigning the specific name, package, decoration ofthe famous or noted commodities; etc.

Tips:

- How many rights are coveredin the intellectual property rights?

The IP rights include;

a.     copyrightand contiguous rights;

b.    trademarkright;

c.     geographicmark right;

d.    patentof design for industrial commodity;

e.     patent;

f.     integratedcircuit;

g.    exclusiveright for undisclosed information.

- What kinds of disputes willinvolve patent?

According to patent law and rules, there are:

a.     disputesconcerning whether a patent should be granted;.

b.    disputesconcerning revocation or confirmation of patent;

c.     disputesconcerning compulsory license of a patent;

d.    disputesconcerning exploitation fee of compulsory license of a patent;

e.     disputesconcerning the exploitation fee in the period between publication and grant ofa patent;

f.     disputesconcerning infringement of patent;

g.    disputesconcerning assignment of application right or ownership of patent;

h.    disputesconcerning application right and ownership of patent.

- What is prior use principle and priorapplication principle? Which principle is adopted by Chinese law?

Prior useprinciple refers to a system by which the ownership of a trademark is decidedon the time of actual use. That is the earlier user will win.

Prior application principle refers to s system bywhich the ownership of a trademark is decided on the time of application forregistration. That is the earlier applicator will win.

Our law adopts prior application principle as primaryprinciple, prior use as supplementary.

- What liabilities will be inthe infringement cases of trademark?

There are three kinds of liabilities, i.e. civilliability, administrative liability and criminal liability.

a.     Civilliability:  the infringer may faceinjunction, eliminating the effects of the malpractices and damages, etc.

b.    Administrativeliability: the administrative department may order immediate stop ofinfringement, confiscate or destroy the infringing marks and tools forinfringing marks, fine; etc.

c.     Criminalliability: if convicted, the infringer will face imprisonment up to threeyears, criminal detention and fines; in serious cases, the convicted will faceimprisonment from three to sever years and fines.

- What is Royalty?

Royalty mainly applies tobooks, video and audio products，it refers to a payment made to an author or acomposer of each copy of a work or article sold under a copyright. It iscalculated pursuant to the percentage rate out of the money made from selling ofsaid work or article. Royalty rate generally ranges from 6% to 15% of retailprice of said work sold, sometimes above 20%. Often publishing deals offer theauthor an increasing rate based upon increasing sales. The formula forcalculating Royalty is that retail pricing multiplies Royalty rate multipliesSales amount.

- What kinds of works arecovered by copyright law? What kinds of works are not?

The copyright law covers:

a.     writtenworks;

b.    oralworks;

c.     musical,dramatic, quyi, choreographic and acrobatic art works;

d.    worksof fine art and architecture;

e.     photographicworks;

f.     cinematographicworks and works created in a way similar to cinematography;

g.    drawingsof engineering designs and product designs, maps, sketches and other graphicworks as well as model works;

h.    computersoftware;

i.     otherworks as provided in laws and administrative regulations.

The copyright law doesn’t cover:

a.     laws,regulations, resolutions, decisions and orders of state organ and otherdocuments of legislative, administrative or judicial nature, and their officialtranslations;

b.    newson current affairs;

c.     calendars,numerical tables, forms of general use and formulas.