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Chinese IP Overview

The Intellectual Property Law of PRC refers to the legal system

Laws:

  • Trademark Laws
  • Patent Laws
  • Copyright Laws
  • Against Unfair Competition Law
  • etc.

Special administrative regulations:

  • Implementing Regulations of the Trademark Law
  • Rules for the Implementation of the Patent Law
  • Implementing Regulations of The Copyright Law
  • Regulation of the P. R. China on the customs protection of IP rights
  • Regulations for the Protection of Computer Software
  • Regulations for the Protection of Layout-design of Integrated Circuits
  • Regulations for the Protection of New Varieties of Plants
  • etc.

Special department rules:

  • Provisions for Identification and Protection of Well-known Trademarks
  • Procedures for the Registration and Administration of Collective Marks and Certification Marks
  • Measures on Compulsory Licensing of Patents
  • etc.

In addition, some of China’s civil laws, criminal laws, foreign trade laws, and judicial interpretations issued by the Supreme People’s Court or the Supreme People’s Procuratorate also include special regulations about IPR protection.

Table 1: List of China’s Current Main Laws, Administrative Regulations and Department Rules Regarding Intellectual Property Rights

Souce: http://www.mofcom.gov.cn/aarticle/b/d/200503/20050300029076.html