Protection of Patent Rights
Patents in China have three categories: inventions, utility models and designs, all of which enjoy equal legal protection. China follows the “first-to-file” principle, and the patent right shall be granted to the applicant who files the application first if there are two or more applicants filing for a patent for the same invention. As a member state of the Patent Cooperation Treaty (PCT), China accepts patent applications from foreign applicants filed through the PCT. Currently, China National Intellectual Property Administration is responsible for the examination, registration and administration of patent-related work.
Protection of Copyrights
According to the Copyright Law of the People’s Republic of China, copyright consists of personal rights and property rights, all of which shall automatically arise from the date of creation thereof.
Copyright owners may register the copyright of their works with relevant administrative agencies; however, such registration is not a precondition for the acquisition of copyright. The National Copyright Administration of China is responsible for the administration of copyrights, then implementation of copyright laws and regulations, the approval of the establishment of collective management organizations for copyrights and foreign agencies, etc.
Protection of Trademarks
The Trademark Law of China adopts the principle of registration for protection, which means the exclusive trademark right shall be obtained through registration, regardless of the use of the trademark. The application allows the applicant to obtain the exclusive right to the trademark that complies with the provisions of the Trademark Law and enjoy legal protection upon registered and approved by the competent authority. The Trademark Law has another critical principle of “first-to-file” that grants the first applicant the trademark right. The State Administration for Market Regulation of China shall be responsible for the registration, examination and administration of trademarks.
Protection of Geographically Indicated Products
According to the Provisions on the Protection of Geographically Indicated Product, geographically indicated products refer to the products produced in a specific region, whose quality, reputation or other features essentially relate to the natural and cultural factors of the place of origin and are approved to be named after geographical names. There are three authorities in China for the filing, registration and administration of geographically indicated products. The State Administration for Market Regulation of China is responsible for legal registration and administration via collective trademarks or certification trademarks, and the General Administration of Quality Supervision, Inspection and Quarantine and the Ministry of Agriculture of China are responsible for the protection and administration of geographical indications by way of registration thereof.
Protection of Trade Secrets
The protection of trade secrets in China are mainly covered by Article 10 of the Law Against Unfair Competition of the People’s Republic of China, which states that “obtaining an obligees’ trade secrets by stealing, luring, intimidation or any other unfair means; disclosing, using or allowing another person to use the trade secrets obtained from the obligee by the means mentioned in the preceding paragraph; or violation of the agreement or against the obligee’s demand for keeping trade secrets, disclosing, using or allowing another person to use the trade secrets possessed by it, shall be deemed as an infringement upon trade secrets.” China provides essentially the same protections for trade secrets as most countries in the world and has basically the same criteria for determination of trade secrets and infringement thereof.
The China International Digital and Software Service Fair takes IP protection very seriously. The Organizing Committee of this Fair will take the following steps to implement IP protection effectively：
1.Display the Measures for IP Protection of the Fair on the official website of this Fair.
2．Establish a working group for IP review during the set-up of the Fair to review IPs of the exhibits to prevent potential IP disputes.
3．Establish a working group for trademark review during the set-up of the Fair to review trademarks of the exhibits and exhibitors to prevent potential trademark disputes.
4．Furnish the Measures for IP Protection of the Fair during the set-up of the Fair to participating entities, groups and individuals.
5．Display the Measures for IP Protection of the Fair at noticeable locations at the site of the exhibition.
6．Establish an IP office during the exhibition.
7．Invite the Bureau of Culture and Tourism, the Bureau of Science and Technology, the Bureau of Business Environment Development or relevant societies or associations to dispatch personnel for on-site processing of disputes and complaints involving trademarks and IPs.