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GUIDE TO THE SPECIFIC REQUIREMENTS FOR FILING APPLICATION FOR CUSTOMS RECORDAL FOR PATENT & TRADEMARK RIGHT IN CHINA , COPYRIGHT OF COMPUTER SOFTWARE REGISTRATION IN CHINAINTELLECTUAL PROPERTY STRATEGY , DOING BUSINESS IN CHINA AND/OR IN HONG KONG

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.

Contact us to file a Chinese Customs Recordal
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.

Contact us to file an Application for Registration of Computer Software Copyright Protection
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.

Contact us to Apply for Cooperations on Enterprise Intellectual Property Strategy
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.

Contact us to Register a Hong Kong Company

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. 

Contact us to Search and Watch a Trademark
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.

   

 

   

FAQs — PATENTs

What's Intellectual Property?

What's a Patent under Chinese Patent Law?

How is a  Patent for Invention/Utility Model/Industrial Design Granted in China?

What Are Requirements for Filing a Patent Application in China?

How to Filing PCT Application for National Phase into China within 30 months?

Learn More...

FAQs — TRADEMARKs

What's a Trademark under Chinese Trademark Law?

How is a Trademark  Registered in China?

What are the documents and information required for an application for a trademark registration in China?
Who can file an opposition against a trademark that has been preliminarily approved and published in Chinese Trademark Gazette?
Intellectual Property Rights Protection in Hong Kong

Learn More...

Now Click Here to contact our Chinese specialized patent attorneys and trademark  professionals for your intellectual property issues in China

 

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China Intellectual Property Agency (Hong Kong) Limited

 

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