Intellectual Property (IP) Protection

China’s IP protection system has unique characteristics, notably its first-to-file system for trademarks, which prioritizes the first entity to register the IP, regardless of original creation or use. Additionally, enforcement can be challenging due to regional differences in the application of laws and the need for registration within China for effective protection.

To register a trademark in China, you need to file an application with the China National Intellectual Property Administration (CNIPA). The process involves submitting the necessary documentation and a representation of the trademark. It usually takes about 12-18 months for a trademark to be registered in China, assuming there are no objections or complications.

While an international patent under the Patent Cooperation Treaty (PCT) provides a streamlined application process in multiple countries, patents must be registered in China to be enforced there. This means you will need to file a patent application in China, either directly or as a part of the PCT process, to gain protection.

If your IP rights are infringed upon in China, NOQii  can take several actions including sending a cease and desist letter, filing a complaint with local administrative authorities, or initiating legal proceedings. It’s crucial to act swiftly and have comprehensive evidence of your IP ownership and the alleged infringement.

Yes, understanding cultural nuances is critical in IP protection in China. This knowledge can influence how you register and enforce your IP rights, ensuring that your IP is not only legally protected but also resonates with the local market and avoids cultural missteps.