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Patents in China
Intellectual property refers to creations of the mind: inventions,
literary and artistic works, and symbols, names, images, and designs
used in commerce.
Intellectual property is divided into two categories: Industrial
property, which includes inventions (patents), trademarks,
industrial designs, and geographic indications of source; and
Copyright, which includes literary and artistic works such as
novels, poems and plays, films, musical works, artistic works such
as drawings, paintings, photographs and sculptures, and
architectural designs. Rights related to copyright include those of
performing artists in their performances, producers of phonograms in
their recordings, and those of broadcasters in their radio and
television programs.
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Trademarks in China
A patent is an exclusive right granted
for an invention, which is a product or a process that provides, in
general, a new way of doing something, or offers a new technical
solution to a problem. In order to be patentable, the invention must
fulfill certain conditions. An invention must, in general, fulfill
the following conditions to be protected by a patent. It must be of
practical use; it must show an element of novelty, that is, some new
characteristic which is not known in the body of existing knowledge
in its technical field. This body of existing knowledge is called
"prior art". The invention must show an inventive step which could
not be deduced by a person with average knowledge of the technical
field. Finally, its subject matter must be accepted as "patentable"
under law. In many countries, scientific theories, mathematical
methods, plant or animal varieties, discoveries of natural
substances, commercial methods, or methods for medical treatment (as
opposed to medical products) are generally not patentable.
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Protection of
Intellectual Property in Hong Kong
The first step in securing a patent is
the filing of a patent application. The patent application generally
contains the title of the invention, as well as an indication of its
technical field; it must include the background and a description of
the invention, in clear language and enough detail that an
individual with an average understanding of the field could use or
reproduce the invention. Such descriptions are usually accompanied
by visual materials such as drawings, plans, or diagrams to better
describe the invention. The application also contains various
"claims", that is, information which determines the extent of
protection granted by the patent.
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in Hong Kong
Protection of
Intellectual Property in Taiwan
A trademark is a distinctive sign which
identifies certain goods or services as those produced or provided
by a specific person or enterprise. Its origin dates back to ancient
times, when craftsmen reproduced their signatures, or "marks" on
their artistic or utilitarian products. Over the years these marks
evolved into today's system of trademark registration and
protection. The system helps consumers identify and purchase a
product or service because its nature and quality, indicated by its
unique trademark, meets their needs.
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in Taiwan
Protection of Intellectual
Property in Macau
First, an application for registration of a trademark must be filed
with the appropriate national or regional trademark office. The
application must contain a clear reproduction of the sign filed for
registration, including any colors, forms, or three-dimensional
features. The application must also contain a list of goods or
services to which the sign would apply. The sign must fulfill
certain conditions in order to be protected as a trademark or other
type of mark. It must be distinctive, so that consumers can
distinguish it as identifying a particular product, as well as from
other trademarks identifying other products. It must neither mislead
nor deceive customers or violate public order or morality.
Finally, the rights applied for cannot be the same as, or similar
to, rights already granted to another trademark owner. This may be
determined through search and examination by the national office, or
by the opposition of third parties who claim similar or identical
rights.
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in Macau |
