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    Location:Home > Business > Department of Intellectual Property Affair

    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.




    - 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.