Your Trusted IP Counsel in China - Yucheng IP Law
Expert guidance for international businesses navigating Chinese intellectual property law. We bridge the gap between global innovation and local protection.
Your Trusted IP Counsel in China - Yucheng IP Law
Expert guidance for international businesses navigating Chinese intellectual property law.
Our Track Records
Delivering Measurable Results in China for 15+ Years
Some of Our Amazing Clients
Trusted by Clients Across Diverse Industries Worldwide
Our Core Services
Comprehensive IP Protection Solutions for Your Business in China
Patent & Design Services
- Pre-Filing Services (Prior Art Search, Patentability Assessment, Drafting and Translation)
- Patent Filing Before CNIPA, Abroad or PCT
- Request for Prioritized Patent Examination
- Patent Invalidation
- Patent Re-Examination
- Freedom-to-Operate Investigation (FTO)
- Patent Administrative Litigation
- Patent Customs Recordal
- Patent Search and Analysis
- Patent Claim Drafting
- Patent Enforcement Strategies
Trademark & Copyright Services
- Pre-Filing Service (Search and Registrability Analysis)
- Filing and Prosecuting Trademark Applications
- Trademark Review, Opposition, Non-use Cancellation,Invalidation and Administrative Litigation
- Trademark Licensing and Assignment
- Trademark Customs Recordal
- Trademark and Branding Strategy Consultation
- Copyright Registration
- Copyright Consultation Service
Licensing & Transactions
- Drafting Licensing Agreements
- Reviewing Licensing Agreements
- Negotiating Licensing Agreements
- IP Transaction Negotiation and Agreement Drafting
- IP Transfer Consulting Service
- Technology Transfer Consulting Service
Consultation & Litigation Support
- Patent & Trademark Litigation
- Trade Secrete Litigation
- Anti-Unfair Competition Litigation
- Tailored IP Strategies to Suit Client Needs
- Legal Advice on IP Rights and Compliance
- Representation in lP-Related Disputes
- Legal Support for Enforcement Actions
Why Choose us?
Reasons on Why Yucheng Should Be Your Go-To IP Counsel in China
Expertise from Leading Firms
Our team consists of senior professionals from top-tier law firms with years of experience in intellectual property law.
Comprehensive, Customized Solutions
We offer tailored lP strategies, from patent protection to licensing agreements, addressing all your lP needs in China.
Agility Without Bureaucracy
We operate with agility, providing fast,efficient responses without the red tape of larger firms.
Better Cost Efficiency
We offer high-quality lP services at competitive rates, providing exceptional value without compromising quality or results.
Hear What Our Clients Say
Don’t Just Take Our Word for It
FAQ
Check out the most frequently asked questions of the industry
1. What types of intellectual property can be protected in China?
In China, various types of intellectual property can be protected, including:
- Patents
- Trademarks
- Copyrights
- Trade secrets
- Geographical Indications
- Integrated Circuit Layout
Each type has specific registration and enforcement requirements under Chinese law.
2. How can I obtain a patent in China?
To obtain a patent in China, the applicant must go through the following steps:
Submit a Patent Application: Submit an application for an invention patent, utility model patent, or design patent to the China National Intellectual Property Administration (CNIPA).
Patent Examination:
- Invention Patents: Go through both preliminary and substantive examinations, where novelty, inventiveness, and utility are assessed.
- Utility Model and Design Patents: Only undergo a formal examination to ensure compliance with the required format.
Patent Publication and Substantive Examination: Invention patent applications will be published 18 months after submission. If they meet the necessary criteria, they will proceed to substantive examination.
Patent Grant: If the application passes the examination, the applicant will receive a patent grant notice and be issued a patent certificate, thereby gaining patent rights.
Patent Protection Period:
- Invention Patent: 20 years
- Utility Model Patent: 10 years
- Design Patent: 15 years
In short, to obtain a patent in China, the application must meet the criteria of novelty, inventiveness, and utility, and pass the examination process.
3. Is it necessary to register IP in China if I already have protection in my home country?
Yes, it is essential to register your intellectual property in China separately. IP rights are jurisdictional; thus, a patent or trademark registered in another country does not automatically confer rights in China.
4. What steps should I take if my IP rights are infringed in China?
If you suspect infringement, take the following steps:
- Preserve Evidence: Gather and preserve all relevant evidence of the infringement (e.g., copies of infringing products, marketing materials, etc.).
- Cease and Desist Letter: Send a formal notice to the alleged infringer.
- Administrative Enforcement: Report the infringement to relevant authorities for action.
- Civil Litigation: File a lawsuit in specialized IP courts.
- Criminal Prosecution: In severe cases, pursue criminal charges.
5. How long does it take to register a patent in China?
The timeline for patent registration in China can vary depending on the type of patent:
- Invention patents: Typically take 2 to 3 years for approval, including both the preliminary and substantive examinations.
- Utility model patents: Usually take 6 months to 1 year.
- Design patents: Generally take 6 to 9 months.
These timelines may vary depending on the complexity of the application and the workload of the China National Intellectual Property Administration (CNIPA).
6. Are there specialized courts for handling IP disputes in China?
Yes, China has specialized courts for handling intellectual property (IP) disputes. These include:
- The Intellectual Property Court of the Supreme People’s Court: Handles important IP cases at the national level.
- Local IP Courts: Established in major cities such as Beijing, Shanghai, and Guangzhou, these courts handle a wide range of IP disputes, including patents, trademarks, and copyrights.
These specialized courts have expertise in IP law, which helps ensure more efficient and informed handling of IP-related cases.
7. How do I monitor potential infringements of my IP in China?
To monitor potential infringements of your intellectual property (IP) in China, you can take several steps:
Online Surveillance: Regularly search e-commerce platforms, online marketplaces, and social media for counterfeit goods or unauthorized use of your IP.
Engage a Local IP Service Provider: Hire a local IP firm or investigator to monitor the market and identify possible infringements.
Customs Protection: Register your IP with Chinese customs to enable them to detect and seize counterfeit goods at the border.
Monitor Patent and Trademark Filings: Regularly check patent and trademark applications in China to ensure no one is attempting to register a similar or conflicting IP.
Work with Industry Associations: Collaborate with trade associations or industry groups that can help identify potential infringements in the market.
By staying proactive and monitoring various channels, you can detect potential IP violations early and take action to protect your rights.
8. What evidence do I need to collect for an infringement case?
To build a strong infringement case in China, you should collect the following types of evidence:
Infringing Products or Materials: Obtain samples or photographs of the infringing products or services, including packaging, labels, and advertisements that use your IP without authorization.
Proof of Ownership: Provide documentation proving that you own the intellectual property in question, such as a patent certificate, trademark registration, or copyright registration.
Sales or Distribution Evidence: Collect records showing that the infringing products have been sold, distributed, or advertised, such as invoices, receipts, or online marketplace listings.
Screenshots or Digital Evidence: For online infringements, capture screenshots of the infringing website, social media posts, or online listings showing the unauthorized use of your IP.
Witness Testimonies: If possible, obtain statements from witnesses who can confirm the infringement, such as distributors, customers, or employees familiar with the infringing activities.
Expert Opinion: In some cases, an expert opinion may be required to demonstrate the technical aspects of the infringement, especially for patent-related disputes.
Collecting and preserving evidence is critical to strengthening your case and facilitating legal action in China.
9. Can I enforce my IP rights if they are not registered in China?
In China, the enforcement of intellectual property (IP) rights generally requires registration. The Chinese legal system follows a territorial approach, meaning that IP rights must be registered in China to be enforceable within the country. Here's what you need to know:
Patents: Unregistered patents cannot be enforced in China. To protect your invention, you must file a patent application with the China National Intellectual Property Administration (CNIPA).
Trademarks: If your trademark is not registered in China, you cannot enforce it through legal channels such as litigation or administrative action. However, you may still be able to rely on evidence of prior use if you can prove the mark is well-known in China.
Copyrights: Copyright protection exists automatically in China once a work is created, but formal registration can provide stronger evidence in case of infringement. If your work is not registered, enforcement may be more challenging, though not impossible.
To enforce your IP rights effectively in China, it is strongly recommended to register your IP with the relevant authorities.
10. What is the role of customs in IP protection?
Customs play a critical role in protecting intellectual property (IP) rights in China by preventing the import and export of counterfeit or infringing goods. Their main functions include:
Border Enforcement: Customs can seize goods that violate IP rights, including counterfeit goods and products infringing on patents, trademarks, and copyrights, at ports or borders.
IP Recordation: Rights holders can register their IP with Chinese customs, which allows customs authorities to monitor and identify potential infringements during imports and exports. This registration is crucial for proactive protection.
Customs Inspections: When goods are being imported or exported, customs officers may inspect shipments based on the information provided by the IP rights holder, such as trademarks or patents.
Cooperation with IP Holders: If customs suspects that goods are infringing on registered IP, they may notify the rights holder and allow them to take further action, such as initiating an enforcement procedure or seeking legal recourse.
By registering your IP with customs, you can benefit from their border enforcement powers to prevent the distribution of counterfeit goods in China.
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