A: Intellectual Property (IP), which typically validate within a given term, means ‘the proprietary right of one’s creation work’. Creation work could be, say, innovation, literatures, arts, trademarks, names, images and designs, etc. It can be owned by a person or a group/ an organization. According to Professor Mark Lemley, Law School - Stanford University, IP is a word originated from the middle twentieth century (1967) after the World Intellectual Property Organization was found.
Q: Do you know what is a Trade Mark?
A: Trademark (TM) is an identification mark for business; it is used by enterprises to facilitate their brand’s strategies. In the meanwhile, TM could be circulated in the internet platform as a form of Domain Name. It receives WIPO’s acknowledgement.
Q: Do you know how to apply for a Trade Mark registration?
A: For a typical application, please proceed the following steps:
1. Trademark Search make sure your mark is not registered by other persons/groups. You might go to the China Trademarks Net for an in-depth search. You may also use our consultation for free.
2. Necessary information and documents as follows:
A. Power of Attorney
B. Applicant’s qualification proofs
C. Trademark Logo
D. Priority Claim According to the Paris Convention, if you enjoy the priority claim you will need to enlist clearly of the involved commodities, services and proof. The time-limit for your priority claim would be 6 month after the first application is filed.
3. Sort out the items and locate the classes of your products. All products and services listed are required to be classified according to the Nice Classification.
The state office would check the TM’s distinctiveness to see if it fits the TM registration law or not. If it passes, the application would proceed to next step: the publication.
Once the registration is granted, all data would be recorded and a certificate would be sent to the TM proprietor.
Q: Do you know what is included in the Patent right?
A: Exclusive right: The patent proprietor has exclusive right on his/her own patented products/innovation.
Import right: As patent right is hight regional, the patent proprietor can forbid any unauthorized person to import a similar patented product or technology for sales. Exercise right: Proprietor can authorize and charge others to use his/her own patents.
Labelling right: Patent owners have the right to mark their patented goods with patent signiture. It covers the product packaging, containers, manuals, and advertisement.
Renouncement: By written expression or discontinuation of annual fee, proprietor can abandon the patent right before the protection term ends.
Reasons for renouncement:
(1) End of term; Generally, after 20 years (invention) or 10 years (utility model; design). The length of term may vary according to different regions.
(2) Discontinuation of annual payment or maintenance fee. Generally, if you miss the period of submitting the annual fee, you can apply for late submission with some time limit and late penalty.
Q: What is the Patent Pool?
A: Patent pool, formed by a group of patent owners, is a platform for patent licensing and trading. Patent owners will do horizontal trading to each other and sometimes they will open to third-parties for maximized gain. The fee for licensing is decided by the owners.
Patent Pool - The aggregation of patents aims at fastening the process of patent licensing, promoting the newest technologies. The management of patent pool is simply a management of standard pricing. It involves the interest of its pool members, and finally the end-users. Therefore the standard pricing is vital.
A standard patent pool has the following characteristics:
(1) A crystal clear and well defined standards for its management.
(2) Core patents determined by procedures and/or third-party expertise.
(3) A drafted permission for the core patents; that permission should abide to none discriminative principle (RAND).
(4) Its management organization shall be jointly appointed by its members
Q: How long is the term of protection for copyright?
A: In the case of a copyright, the rights of authorship, alteration and integrity to the creation shall be unlimited in time. However, the rights of publication, reproduction, wholesale, renting, exhibition, performance, screening, broadcasting, spreading, filming, adaptation, translation, compilation, etc. are subject to actual conditions of the authors. Its protection term thus vary as well. Right of publication and copyright are subject to author’s life and death. The protection term of a copyright will end after 50 years from the date the author is dead, and it is by 31st December of that year. In any case if it is a co-authored creation, the protection term will subject to the last living author also by a 50 years term, and it is also by 31st December of that year. For copyright owned by enterprises, their term of protection, including publication and property right, will last for 50 years from the first publication date. However, if a creation is not published after 50 years of completion, it can no longer be protected under the copyright law. Books and journals are under 10 years term of protection and is until 31st December of that decade. Video and audio recordings’ term of protection remain the same, and they could permit creations to be copied, issued, rented, and spread to the public for reward. The protection term for radio stations, televisions to forbid illegal broadcasting, recording and replicating of their creations is also 50 years, and it would also be dated back to the first publication/ broadcasting date.