CPA-LogoChina Patent Agent (H.K.) Ltd.
Intellectual Property Attorneys

Q&AE-mail:mail@cpahkltd.com


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Patent Applications in China
Trademark Applications in China
Legal Protection of IPR in China

Legal Protection of IPR in China
General Framework
Patent
Trademark

[TOP]

General Framework
1. Can China provide legal protection of IPR? <Answer>
2. What are required to do to acquire legal protection of IPR? <Answer>
3. Is it possible to warn a infringer in writing? <Answer>

[TOP]

Patent
4. What acts may infringe patent rights? <Answer>
5. Through what channels can problems of patent infringements be resolved? <Answer>
6. What is the administrative authority for patent affairs? <Answer>
7. What requirements should be met to file complaints with the administrative authority for patent affairs? <Answer>
8. Can the administrative authority for patent affairs identify and verify facts of infringement? <Answer>
9. What decisions can the administrative authority for patent affairs make to resolve disputes ? <Answer>
10. How is the amount of compensation calculated?
<Answer>
11. What should an interested party do if he is dissatisfied with the decision made by the administrative authority for patent affairs? <Answer>
12. Is there any time limit when one petitions the administrative authority for patent affair to resolve a dispute of patent infringement? <Answer>
13. Is there any geographic limit when one petitions the administrative authority for patent affair to resolve a dispute of patent infringement?
<Answer>
14. Approximately how much time does it take to petition the administrative authority for patent affairs to resolve a dispute of patent infringement? <Answer>
15. Approximate how much fee is needed to petition the administrative authority for patent affairs to resolve a dispute of patent infringement? <Answer>
16. Can a party institute proceedings in the people's court before the administrative authority makes its decision? <Answer>
17. When the counter charge raised by a defendant is invalid, does the administrative authority for patent affairs stop its investigation and handling a case of patent infringement? <Answer>
18. Is there any geographic limit when petitioning the people's court to resolve a problem of patent infringement? <Answer>
19. What documents should be submitted when instituting proceedings in the people's court? <Answer>
20. Can a patentee petition the court for attachment? <Answer>
21. What judgements can the court make regarding an act of patent infringement? <Answer>

[TOP]

Trademark
22. What acts are deemed infringement upon the exclusive right to use a registered trademark? <Answer>
23. How is an act of trademark infringement handled? <Answer>
24. What documents and materials are required when requesting the administrative authority for industry and commerce to investigate and handle a case of trademark infringement? <Answer>
25. What functions and power can the administrative authority for industry and commerce exercise in its investigation to gather evidence? <Answer>
26. What measures can the administrative authority for industry and commerce take to stop an act of infringement? <Answer>
27. How is the amount of compensation to an infringee calculated? <Answer>
28. What should one do if he or it is not satisfied with the decision made by the administrative authority for industry and commerce? <Answer>
29. How is a criminal case of infringement upon exclusive right to use a registered trademark handled? <Answer>
30. How are proceedings instituted in the people's court against a case of trademark infringement? <Answer>
31. What are the differences between administrative and judicial settlement? <Answer>

[TOP]

* For further question, please contact this Agency through:
Dong Jiangxiong attorney at law Tel: (852) 28284665
Wu Yuhe attorney at law Tel: (852) 28284632
Email:mail@cpahkltd.com
Fax: (Hong Kong)     (852) 28284659°¢(852) 28271018
       (Beijing)            (86-10) 66211986