How to record trade marks with Chinese Customs Valentina ... · PDF fileHow to record trade...
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How to record trade marks with Chinese Customs Valentina Salmoiraghi 12 June 2014 12 June 2014 China IPR SME Helpdesk 1
Transcript of How to record trade marks with Chinese Customs Valentina ... · PDF fileHow to record trade...
How to record trade marks with Chinese Customs
Valentina Salmoiraghi
12 June 2014
12 June 2014 China IPR SME Helpdesk 1
12 June 2014 China IPR SME Helpdesk 2
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Today’s Speaker
Name: Valentina Salmoiraghi Firm: China IPR SME Helpdesk Location: Beijing, China Email: [email protected]
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Valentina has been the in-house Expert of the China IPR SME Helpdesk for nearly 1 year. Started her practice on Chinese Law in 2007 working in Beijing with an Italian Law Firm advising Italian and European companies on Chinese Foreign Direct Investments and IP matters. She specializes in Europe - China cross border investments including IP rights, corporate, contracts and alternative dispute resolutions and focuses on IP protection, licensing and franchising, as well as IP enforcement.
Agenda
• Why record your
intellectual property (IP) with Customs?
• Essential information for IP recordal
• Step-by-step guide to trade mark recordal
• What happens next?
• Take-away messages
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Poll 1
Question: Were you informed of the possibility of recording IP with Chinese Customs?
a) Yes
b) Not at all
c) I am informed but I do not know how to find more information and guidance
d) I do not think it is relevant to my business
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1. Why record your intellectual property with Customs? • GACC examines goods both entering and leaving China and has the
authority to protect IPR by seizing infringing goods • Recordal is not compulsory but recommended • Recordal of IP rights with the GAC is inexpensive and straightforward • Types of IPR can be recorded are: trade marks, patents (including
invention patents, utility models and designs) and copyright – separate applications
• To commence customs enforcement proceedings
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2. Essential information for IP recordal
• Only IP registered in China can be recorded with customs
• Only IP rights holders or your authorised agent can register IP-licensees cannot
• To record you must submit company’s document and a fee of RMB 800
• Recordal approval takes approximately 30 days and it is valid for 10 years or the duration of the IP
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2. Essential information for IP recordal
• You must inform GACC of any changes to the recordal • Each trade mark recordal costs RMB 800 • Apply directly if you have a company registered in China or entrust a
domestic attorney or agent to handle the registration
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Poll 2
Question: Have you ever recorded your trade marks with Customs before?
a) Yes
b) No
c) I have tried, but I gave up because the website is in Chinese only
d) I do not think it is relevant to my business
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3. Step-by-step guide – Let’s start!
• Customs online registration system: http://202.127.48.151/applyrecord/
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3. Step-by-step guide
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3. Step-by-step guide
• Send paper documents! • Additional information on required documents in the Helpdesk’s Guide:
http://www.china-iprhelpdesk.eu/docs/publications/How_to_Record_Trade_Marks_with_Customs_in_China.pdf
• Approval or refusal notice
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4. What happens next?
• Remember to make good use of the recordal: trust the customs but also be proactive and keep close communications with them
• Notification and investigation • For more detailed information on
Customs procedures in China and further advice on working effectively with GACC, see the China IPR SME Helpdesk guide.
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Take-Away Messages • EU SMEs need to take a proactive approach to protecting their IPR
• It is highly recommended to record your IP in advance as GACC is more likely to act to protect recorded IP
• The purpose of recording your IP rights at customs in China is to stop the export or import of infringing products and thereby preventing counterfeit versions of your goods from entering the international market
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Q&A
Name: Valentina Salmoiraghi Firm: China IPR SME Helpdesk Location: Beijing, China Email: [email protected]
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Valentina has been the in-house Expert of the China IPR SME Helpdesk for nearly 1 year. Started her practice on Chinese Law in 2007 working in Beijing with an Italian Law Firm advising Italian and European companies on Chinese Foreign Direct Investments and IP matters. She specializes in Europe - China cross border investments including IP rights, corporate, contracts and alternative dispute resolutions and focuses on IP protection, licensing and franchising, as well as IP enforcement.
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