Our legal professionals have many
years of Intellectual Property related practical experience.
Currently, besides mainly providing our clients with in the
field of patent or trademark legal services, we also help them
accomplish such tasks as Customs Recordal on Intellectual
Property Right, Computer Software Copyright Protection,
Enterprise Intellectual Property Analysis & Strategy, National,
Regional or International Patent and/or Trademark Search and
Watch and Chinese, Hong Kong Company Registration. etc.
Customs Protection of
Intellectual Property rights refers to protection of the
exclusive right to use a trademark, copyright and related
rights, and patent right over imported or exported goods
that are protected by laws and administrative regulations of
the People's Republic of China. Customs shall implement
protection of intellectual property rights according to the
relevant Chinese laws and provisions, and shall exercise
their rights regulated in the Customs Law of the People's
Republic of China. Where the owner of intellectual property
rights asks for Customs protection, he shall file an
application for protective measures with Customs.
The right owner may apply for
recordal of his intellectual property rights with the Customs
General Administration (CGA) according to the provisions of
Regulations on Customs Protection of Intellectual Property
Rights. Those applying for the recordal shall submit a written
application, which shall include:
(1) the name, registration place or nationality, etc. of the
right owner;
(2) the title, content and relevant information of the
intellectual property right;
(3) any licensing agreement signed for the intellectual property
right;
(4) the name, producing place, the Customs located in importing
or exporting place, importer, exporter, principle features,
price and other information of the goods in which the right
owner exercise their intellectual property right legitimately;
(5) the manufacturer, importer, exporter, the Customs located in
importing or exporting place, principle features, price and
other information of the goods which have been known to infringe
the intellectual property right;
Any certificates should be submitted, if there is any.
Regulations on Computer
Software Protection Promulgated by Decree No. 339 of the
State Council of the People's Republic of China, and
effective as of January 1, 2002.
“computer program” means a coded instruction sequence which
may be executed by devices with information processing
capabilities such as computers, or a symbolic instruction
sequence or symbolic statement sequence which may be
automatically converted into a coded instruction sequence
for the purpose of obtaining certain expected results; the
source program and object program of a computer program
shall be deemed as one and the same work; “documents” means
literal descriptions or charts used to describe the
content, structure, design, functional performance,
historical development, test results and usage, such as
program design instructions, flowcharts, and user's manuals;
In the case of software copyright of
a natural person, the term of protection shall be the lifetime
of such person and fifty years after his death, expiring on
December 31 of the fiftieth year after his death. In the case of
a piece of joint software, the term of protection shall expire
on December 31 of fiftieth year after the death of the last
surviving developer.
In the case of software copyright a
legal entity or other organization, the term of protection shall
be fifty years, expiring on December 31 of the fiftieth year
after the first publication of such software; however, if any
such software has not been published within fifty years from the
date on which its development has been completed, it shall be no
longer protected under these Regulations.
For many technology companies,
developing a patent strategy is an important component of the
business
plan. However, for many the approach for developing a patent
strategy is more happenstance than execution of a precisely
defined plan. To help develop a patent strategy, our company
provides a practical checklist for getting organized in
preparation for developing a comprehensive patent strategy for
the company.
A. Business and Patent Portfolio
Goals Starting in the development phase, the patent strategy
identifies the key business goals of the company. Clear business
goals provide a long-term blueprint to guide the development of
a valuable patent portfolio.
B. Evaluation of Company Assets
The evaluation process begins by mining and analyzing
intellectual assets within the company. In this process,a
company organizes and evaluates all of its intellectual assets,
such as its products, services, technologies,processes, and
business practices. Organizing intellectual assets involves
working with key executives to align the patent strategy with
the business objectives.
C. Procurement Phase
While the evaluation phase is in progress, the company can move
into the procurement phase. In the procurement phase of the
patent strategy, a start-up company builds its patent portfolio
to protect core technologies, processes, and business practices
uncovered during the evaluation phase.Typically, a patent
portfolio is built with a combination of crown-jewel
patents,fence patents, design-around patents, and portfolio
enhancing patents. Each patent may have a unique value
proposition for the company.
D. Deployment Phase
A company that values its intellectual assets may set aside
time, money and resources to further enhance its patent
portfolio. To do this a company may move to the deployment
phase. The deployment phase may include licensing all or part of
a patent portfolio to others in the industry or to
alternative applications for the technology. Alternatively,it
may include asserting rights established by its patents,such as
through litigation. The deployment stage often includes
high-level management involvement.
The outline above gives a just one
overview of a potential patent strategy. With any patent
strategy, some key considerations will include commitment from
all levels of management and execution of the strategy once it
is assembled. Companies that take the time and effort to develop
a patent strategy will be reap many rewards for the time, money
and effort spend early on as their business continues to grow
and prosper.
Hong Kong is located 150 km south-east of Guangzhou (Canton), on the coast of the South China Sea.
One of the major advantages of utilizing a Hong Kong company is that there is no immediate suggestion that the company is a tax avoidance vehicle as Hong Kong is major trading entity in its own right and the vast majority of the 50,000 Hong Kong companies incorporated annually are local trading companies doing real business in the region. It is possible to create a Hong Kong registered corporate entity in two different ways:
(1) By incorporating a new Hong Kong company.
(2) By registering an existing foreign company in Hong Kong under Part XI of the Hong Kong Companies Ordinance.
SET UP A NEW HK COMPANY
Being the pivotal business center, financial centre, HK enjoys perfect law system, favorable trade rules. Establishing a company in HK will bring you many unexpected experience.
1、Invest in the Mainland and enjoy favorable tax policy.
2、Upgrade company image and promote your products obtain modernized international banking services.
3、Fund a HK company you can immediately open an A/C with the HK local bank . Meanwhile, you can also open off-shore A/C with the foreign bank in mainland to receive overseas currency and L/C.
Set up a HK company and enjoy unlimited business opportunity
It only takes 15 working days to fund a newly-funded company (named by the applicant) while ready-made company only needs one day to finish the transfer of shares and registration procedure. And within 8 days to get the Certificate of Business Registration.
If you plan to file a
patent application, you or your representative are advised to
conduct a search of patents previously granted, and also of printed
publications to make sure that your idea has not already been
patented or disclosed. With over 5 million patents already issued,
such a search avoids the needless expense of funds for a patent
application, if the search turns up prior patents that might
preclude your invention from being issued a patent.A Patent Search
requires only a short discussion with an attorney in our office
about your invention, and possibly a very simple sketch on how it
operates. The interview can be in person or by telephone with a fax
of the drawing. All such communication is strictly confidential and
privileged information by the attorney-client relationship.
Once you have received the results of
your search and discussed them with our office, you can then make up
your mind to proceed with a formal patent application. In the event
you should decide to proceed with a formal Chinese or Foreign Patent
Application, our office can handle all aspects of the Application
Process with you.
A trademark search is typically just
that - a search of Registered and common law trademarks already in
use. Typically, a comprehensive search is conducted on each
potential trademark by an attorney specializing in trademark and
patent matters. The resulting research report is used by you and
your attorney to determine if your intended trademark stands a good
chance of being registered. This type of research locates not only
trademarks identical to your trademark in all classes of goods and
services, but also "confusingly similar" trademarks in classes
pertinent to your product, service or industry.
