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Patent Protection and Intellectual Property Enforcement in China
Guidelines for Entrepreneurs
What intellectual property objects are protected and where are they registered
In China, the following IP objects are protected:
The China National Intellectual Property Administration (CNIPA) is responsible for their registration.
- inventions
- utility models
- designs
- trademarks (including collective and certification marks)
- geographical indications and appellations of origin
- layout‑designs of integrated circuits
The China National Intellectual Property Administration (CNIPA) is responsible for their registration.
How to find a patent attorney?
Foreign applicants with no business domicile in China shall entrust a trademark agency established in accordance with the law. The list of approved trademark agencies:
Foreigners, foreign enterprises or other foreign organisations without habitual domicile or business office in mainland China must appoint a legally formed patent agency. The list of approved agencies is available on the CNIPA website
International filing systems
International filing systems provide a unified registration procedure that allows an applicant to file a single application and subsequently obtain legal protection for IP objects in the designated member states (after passing national examinations).
To obtain legal protection in China, foreign applicants may use international registration systems for inventions, utility models, industrial designs, trademarks, geographical indications, or appellations of origin of goods.
To obtain legal protection in China, foreign applicants may use international registration systems for inventions, utility models, industrial designs, trademarks, geographical indications, or appellations of origin of goods.
IP Objects
INVENTIONS
Definition:
Any new technical solution proposed for a product, a process or the improvement thereof.
Application can be submitted directly to CNIPA, via official website https://cponline.cnipa.gov.cn, or mailed to CNIPA, or submitted directly by individuals to the registration hall of CNIPA
International registration systems:
PCT
Any new technical solution proposed for a product, a process or the improvement thereof.
Application can be submitted directly to CNIPA, via official website https://cponline.cnipa.gov.cn, or mailed to CNIPA, or submitted directly by individuals to the registration hall of CNIPA
International registration systems:
PCT
UTILITY MODEL
Definition:
Any new technical solution proposed for the shape, the structure, or their combination, of a product, which is fit for practical use.
Application can be submitted directly to CNIPA, via official website https://cponline.cnipa.gov.cn/, or mailed to CNIPA, or submitted directly by individuals to the registration hall of CNIPA.
Key differences from inventions:
Protects only a product’s shape/structure (not a method or substance); no inventive step requirement — only novelty and practical applicability.
International registration systems:
PCT
Any new technical solution proposed for the shape, the structure, or their combination, of a product, which is fit for practical use.
Application can be submitted directly to CNIPA, via official website https://cponline.cnipa.gov.cn/, or mailed to CNIPA, or submitted directly by individuals to the registration hall of CNIPA.
Key differences from inventions:
Protects only a product’s shape/structure (not a method or substance); no inventive step requirement — only novelty and practical applicability.
International registration systems:
PCT
INDUSTRIAL DESIGNS
Definition:
With respect to an overall or partial product, any new design of the shape, the pattern, or their combination, or the combination of colour with shape or pattern, which is rich in aesthetic appeal and fit for industrial application.
Application can be submitted directly to CNIPA, via official website https://cponline.cnipa.gov.cn/, or mailed to CNIPA, or submitted directly by individuals to the registration hall of CNIPA.
International registration systems:
Hague System
With respect to an overall or partial product, any new design of the shape, the pattern, or their combination, or the combination of colour with shape or pattern, which is rich in aesthetic appeal and fit for industrial application.
Application can be submitted directly to CNIPA, via official website https://cponline.cnipa.gov.cn/, or mailed to CNIPA, or submitted directly by individuals to the registration hall of CNIPA.
International registration systems:
Hague System
TRADEMARKS
Definition:
Registered trademarks include goods marks, service marks, collective marks and certification marks.
Collective mark:
A mark registered in the name of a group, association or other organisation for use by its members to indicate membership.
Certification mark:
A mark controlled by an organisation with supervising power, used by others to certify origin, raw materials, quality, etc.
Any sign capable of distinguishing goods (words, designs, letters, numerals, three‑dimensional symbols, colour combinations, sounds, and combinations thereof) may be registered.
International registration systems:
Madrid System
Registered trademarks include goods marks, service marks, collective marks and certification marks.
Collective mark:
A mark registered in the name of a group, association or other organisation for use by its members to indicate membership.
Certification mark:
A mark controlled by an organisation with supervising power, used by others to certify origin, raw materials, quality, etc.
Any sign capable of distinguishing goods (words, designs, letters, numerals, three‑dimensional symbols, colour combinations, sounds, and combinations thereof) may be registered.
International registration systems:
Madrid System
GEOGRAPHICAL INDICATIONS (GIs) AND APPELLATIONS OF ORIGIN (AOs)
GIs and AOs are verbal designations that identify a good whose quality, reputation or characteristics are attributable to a specific geographical origin.
Who may register:
One or several individuals, legal entities, an association (union) or the other group.
Special condition for foreign applicants:
If the geographical object is not located in the Russian Federation, the application shall be accompanied by documents confirming the registration of that object abroad and the existence of the exclusive right in the country of origin.
Application documents:
The rightsholder is entitled to use the indication "registered geographical indication" or "registered appellation of origin of goods" (Article 1520 of the Civil Code).
International registration systems:
1. Lisbon System
GIs | AOs |
Definition | |
Any designation that allows a product to be identified as originating from a specific territory (locality, region, etc.). | A verbal designation representing the name of a geographical object or a derivative thereof; the good possesses special properties exclusively determined by natural conditions and/or human factors inherent to that geographical area. |
Connection to the territory | |
At least one stage of the product’s production, which significantly influences the formation of its characteristics, must be carried out within the territory of the geographical object reflected in the GI. | All stages of production are carried out within the territory of the geographical object whose name is registered as the AO. |
Reputation | |
A geographical indication is registered for a product possessing a particular quality, reputation, or other characteristics that are largely attributable to its geographical origin. | Wide recognition is required, established long before the application is filed. |
Uniqueness | |
Not required. | The good is unique and irreplicable. |
Who may register:
One or several individuals, legal entities, an association (union) or the other group.
Special condition for foreign applicants:
If the geographical object is not located in the Russian Federation, the application shall be accompanied by documents confirming the registration of that object abroad and the existence of the exclusive right in the country of origin.
Application documents:
- Application for registration of a GI or AO and for the grant of the exclusive right
- The designation claimed as a GI or AO
- Indication of the good for which registration is sought
- Description of the special properties (for AOs — exclusive properties) or quality / reputation of the good
- Indication of the place of origin and description of the boundaries of the geographical object
- For foreign applicants (if the geographical object is not located in the Russian Federation): documents confirming registration abroad and the exclusive right in the country of origin
The rightsholder is entitled to use the indication "registered geographical indication" or "registered appellation of origin of goods" (Article 1520 of the Civil Code).
International registration systems:
1. Lisbon System
COMPUTER PROGRAMS, DATABASES, INTEGRATED CIRCUIT LAYOUT DESIGNS
Definitions:
Computer program is an aggregate of data and commands presented in an objective form and intended for the operation of a computer and other computer devices for the purpose of obtaining a certain result, including the preparatory materials produced in the course of elaboration of the program, and the audiovisual representations generated by it.
Protected as an object of copyright.
Database is a collection of independent materials (articles, calculations, legal acts, court decisions, and other similar materials) presented in an objective form and systematically arranged to allow these materials to be located and processed by a computer.
A database as an object of copyright is protected as a composite work.
Exclusive right of the database manufacturer (related rights) arises if the creation of the database required substantial financial, material, organizational or other costs (or the database contains no fewer than 10,000 independent informational elements).
Integrated circuit layout design (topology) is the spatial geometric arrangement of the set of elements of an integrated circuit and the connections between them, fixed on a material medium.
An application shall be filed during the term of the exclusive right, but no later than 2 years from the date of first use.
Application documents:
Computer program is an aggregate of data and commands presented in an objective form and intended for the operation of a computer and other computer devices for the purpose of obtaining a certain result, including the preparatory materials produced in the course of elaboration of the program, and the audiovisual representations generated by it.
Protected as an object of copyright.
Database is a collection of independent materials (articles, calculations, legal acts, court decisions, and other similar materials) presented in an objective form and systematically arranged to allow these materials to be located and processed by a computer.
A database as an object of copyright is protected as a composite work.
Exclusive right of the database manufacturer (related rights) arises if the creation of the database required substantial financial, material, organizational or other costs (or the database contains no fewer than 10,000 independent informational elements).
Integrated circuit layout design (topology) is the spatial geometric arrangement of the set of elements of an integrated circuit and the connections between them, fixed on a material medium.
An application shall be filed during the term of the exclusive right, but no later than 2 years from the date of first use.
Application documents:
- An application for state registration of the object;
- Deposited materials intended to identify the object, including a synopsis.
Object | Protection Symbol (Marking) |
Objects of copyright | Latin letter «C» in a circle + name or title of the rightsholder + year of the first publication of the work |
Objects of related rights | Latin letter «P» in a circle + name or title of the exclusive rightsholder + year of the first publication of the phonogram |
Integrated circuit layout-design (topology) | Capital letter «T» (and its image variants) + indication of the commencement date of the term of the exclusive right + information enabling the identification of the rightsholder |
IP Objects Comparison and Fees
Table IP Objects Comparison
Patent Fee Schedule - Domestic (In CNY)
Detailed information about fees can be found through the following link
Detailed information about fees can be found through the following link
Notes:
1. Reduction of payment for applicants or patentees having difficulties paying the fees are subject to the rules in the Measure on Reduction of Payment of Patent Fees.
2. In case the applications for invention patent have already entered the substantive examination phase, but the applicant voluntarily withdraws the application prior to the expiration of the period for response to the first office action (except when a response to the office action has already been submitted), the applicant may request reimbursement of 50% of the fee for substantive examination.
Patent Fees – PCT Filing Fees (In CNY)
Policy for other fees of PCT applications entering China’s national phase is in accordance with the domestic section.
Patent Fees — International Design Filing Fees.
International design applications are subject to the payment of following fees to the IB of WIPO: basic fee, publication fee, and standard designation fee or individual designation fee for each contracting party where protection is sought. Fees are governed by Common Regulations Under the 1999 Act and the 1906 Act of the Hague Agreement. WIPO’s website offers the schedule of fees and a fee calculator. Under CNIPA Announcement No. 481 Interim Measures of Related Provisions after Accession to Hague Agreement, applicants shall pay all the fees stated in the Hague Agreement directly to the IB.
Fees payable during the national phase of the international design applications designating China are in accordance with the domestic section.
Patent Fees — Charge as Agreed
Where CNIPA performs search and examination service for patent applications of other countries and regions, fees are subject to the fee schedule agreed by the two parties.
Patent Fees — International Design Filing Fees.
International design applications are subject to the payment of following fees to the IB of WIPO: basic fee, publication fee, and standard designation fee or individual designation fee for each contracting party where protection is sought. Fees are governed by Common Regulations Under the 1999 Act and the 1906 Act of the Hague Agreement. WIPO’s website offers the schedule of fees and a fee calculator. Under CNIPA Announcement No. 481 Interim Measures of Related Provisions after Accession to Hague Agreement, applicants shall pay all the fees stated in the Hague Agreement directly to the IB.
Fees payable during the national phase of the international design applications designating China are in accordance with the domestic section.
Patent Fees — Charge as Agreed
Where CNIPA performs search and examination service for patent applications of other countries and regions, fees are subject to the fee schedule agreed by the two parties.
Trademark Fee Schedule (In CNY)
Measures to Prevent Infringement of IP Rights
Clear definition of the scope of protection:
Article 64 of the Patent Law establishes that the scope of protection for an invention or utility model is determined by the claims (with description and drawings for interpretation), and for a design – by the product shown in the drawings or photographs. This allows the right holder to clearly inform potential infringers about the boundaries of their monopoly, reducing the risk of inadvertent infringement.
Patent evaluation report (for utility models and designs):
Article 66 of the Patent Law provides for the possibility of obtaining from CNIPA an evaluation report on the patentability of a utility model or design. Such a report may be submitted to the court or administrative authority and can be used by the right holder to confirm the strength of the patent before a dispute arises. This serves as a preventive measure, allowing assessment of risks and weeding out unfounded claims.
Administrative enforcement as a deterrent:
Articles 65 (for patents) and 60 (for trademarks) give the right holder the option to apply to the patent or trademark administrative authority, which can promptly issue a decision to stop the infringement. The availability of swift administrative action creates a deterrent effect and encourages potential infringers to respect rights.
Shifting the burden of proof for process patents:
Article 66 of the Patent Law stipulates that in a dispute over a process patent for a new product, the alleged infringer must prove that their process differs from the patented one. This forces competitors to verify their technologies in advance, thus preventing accidental infringement.
Defence based on prior art:
Article 67 allows the accused infringer to present evidence that the technology or design used is existing prior art, which completely negates the infringement. This encourages both parties to conduct prior art searches beforehand, avoiding unfounded claims and litigation.
Referral to higher administrative authority for major cases:
Article 70 of the Patent Law authorises the patent administrative department under the State Council to handle infringement disputes that have a major impact nationwide. This allows centralised suppression of large‑scale violations, contributing to overall prevention.
Liability for IP Rights Infringement
Criterion | Civil Liability | Administrative Liability |
Jurisdictional authority | People’s Court | Patent/Trademark administrative department (CNIPA and local offices) |
Subject of claims (sanctions) | Cessation of infringement, compensation for damages | Order to immediately stop the infringement (and possibly fine – amount not specified) |
Conditions of application | Infringement established; parties fail to reach agreement through negotiation | Upon request of the patentee or interested party; administrative decision can be appealed to the court within 15 days (Patent Law Art. 65) |
Additional | Mediation on compensation possible (Art. 65 Patent Law, Art. 60 Trademark Law) | If infringer does not comply, administrative body may apply to court for compulsory enforcement |
Unregistered IP Rights Enforcement and Protection
Trademarks (well‑known marks):
Under Article 13.2 of the Trademark Law, if a trademark not registered in China is well‑known, and its use on different or dissimilar goods misleads the public and impairs the interests of the owner, registration may be refused and its use prohibited. Thus, well‑known marks enjoy protection without registration.
Under Article 13.2 of the Trademark Law, if a trademark not registered in China is well‑known, and its use on different or dissimilar goods misleads the public and impairs the interests of the owner, registration may be refused and its use prohibited. Thus, well‑known marks enjoy protection without registration.
What to do in case of infringement (for registered and well‑known unregistered rights)?
Based on the Patent Law and Trademark Law provisions, the general procedure is to negotiate with the infringer to settle the dispute amicably. If negotiation fails, the right holder may either file a lawsuit with the People’s Court; or request the relevant administrative department (CNIPA or local authority) to handle the matter. The administrative department, upon finding infringement, may order the infringer to stop the infringement immediately. If dissatisfied with the administrative decision, the party may appeal to the People’s Court within 15 days of receiving the notification. If the infringer neither appeals nor complies, the administrative department may apply to the court for compulsory enforcement. The administrative department may also mediate on the amount of compensation; if mediation fails, either party may bring a lawsuit to the court.