Understanding Intellectual Property Rights in China

The Chinese marketplace is booming and ripe for investment. The development of ecommerce companies like Amazon, Alibaba, and eBay have provided the keys to the global marketplace for corporations and individual sellers to market their products worldwide. As such, it’s absolutely paramount that sellers understand their Intellectual Property Rights in China.

American Association for Justice Business Torts Newsletter Winter 2019 - Intellectual Property Rights in China

Understanding Intellectual Property Rights in China

CJ Rosenbaum

The World Intellectual Property Organization (WIPO), defines “intellectual property” as “creations of the minds such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”

For brands, this definition leaves much to be desired in terms of the specifics of intellectual property and where the brand may or may not be protected. The phrase “intellectual property,” first and foremost, is an umbrella-term for copyright, trademark, patent, trade dress, trade secret, and the many nuanced-variations of those listed.

This chapter’s goal is to tailor a clearer explanation of these rights as they pertain to brand owners and introduce any distinct definitional differences that these rights may have in China rather than in the international community under the WIPO or in the United States.

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