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Types of Intellectual Property in the US Patents (Utility, Design, & Plant) Copyrights (Derivative works, Distribution, public performance, public display)

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Presentation on theme: "Types of Intellectual Property in the US Patents (Utility, Design, & Plant) Copyrights (Derivative works, Distribution, public performance, public display)"— Presentation transcript:

1 Types of Intellectual Property in the US Patents (Utility, Design, & Plant) Copyrights (Derivative works, Distribution, public performance, public display) Trademark / Trade Dress Trade Secrets

2 Filing for Protection in the US The USPTO Patent Process v. Trademark Examination Filing with the Library of Congress  Benefits of Registration. Prerequisite to lawsuit, May file with US Customs, Evidence of validity, Attorney’s fees Protection of Websites – online registration

3 Protection Over Seas The Role of International Treaties Patents International filings and the “National Stage” Patent Prosecution Super Highway International Enforcement Snags  For example although the EU can issue patents enforcement of IP rights is up to the individual member state of the EPC.

4 Protection Overseas Copyrights  No such thing as a international Copyright  Berne Convention, UCC, TRIPS, WTO, WCT, WPPT all include Copyright provisions Same Enforcement Snags

5 Protection of Your Intellectual Property Rights (IPRs) in China Types of IPRs that are protected in China Enforcement of your IPRs in China

6 Types of IPRs that are protected in China Trademark: characters, logos, 3D Patent: invention, utility model, design Copyright Domain Name New varieties of plants or animals Trade Name Trade Dress and Product Name (must be unique) Trade Secret (know-how, product ingredients, client names, distribution channels, etc.) Others… (Any breach of the principles of willingness, equality, fairness, or good faith is a violation of Article 2 of the Anti Unfair Competition Law)

7 Tips on Trademark Protection First filing principle Registration is mandatory, i.e. you can only get protection of your trademark if it is registered in China Exception: prior use + reputation well-known trademark Case: Hallmark 贺曼

8 Trade Name Protection Legal Grounds: (1) Anti Unfair Competition Law (2) Trademark Law Ground (1): breach of good faith principle, condition: registered trademark + sufficient to cause consumers’ confusion Case: Mobil 美孚 Ground (2): Well-know trademark Case: Bloomberg 彭博 v. 澎博

9 How to Enforce Your IPRs in China Cease & Desist Letter Administrative action Litigation Customs Protection

10 Tips to Minimize Your Cost Administrative Action Customs Protection

11 Administrative Action Investigation Report case to authorities in charge of trademark, patent, copyright, or anti-unfair competition Raid action Follow up Advantage: Low cost & effective

12 Customs Protection Recording your IPRs with Customs first is not mandatory but is advisable Customs may notify you about the shipment of suspected infringing goods If such notification occurs, you can choose to file a petition and pay the bond. Customs will detain the goods Customs will investigate the case and make a decision regarding infringement. If it concludes that the goods constitute infringement, the goods will be confiscated Advantage: Effective monitor on infringing goods; Cost-saving

13 Thank You! Mingyue Dun (517) (86)


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