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;
c. geographicmark right;
d. patentof design for industrial commodity;
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:
c. musical,dramatic, quyi, choreographic and acrobatic art works;
d. worksof fine art and architecture;
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;
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.