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Law
LAWS AND REGULATIONS CONCERNING FOREIGN TRADE
Laws
1. | Foreign Trade Law of the People's Republic of China (Revised in 2016) |
2. | General Principles of the Civil Law of the People’s Republic of China (Effective as of 1987) |
3. | General Provisions of the Civil Law of the People's Republic of China (Effective as of 2017) |
4. | Contract Law of the People's Republic of China (Effective as of 1999) |
5. | Maritime Code of the People's Republic of China (Effective as of 1993) |
6. | Negotiable Instruments Law of the People's Republic of China (Effective as of 1995) |
7. | Law of the People's Republic of China on Import and Export Commodity Inspection (Revised in 2018) |
8. | Civil Procedure Law of the People’s Republic of China (Revised in 2017) |
9. | Arbitration Law of the People's Republic of China (Revised in 2017) |
International Conventions
1. | United Nations Convention on Contracts for the International Sale of Goods |
2. | United Nations Convention on the Carriage of Goods by Sea |
3. | International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading |
4. | United Nations Convention on International Multimodal Transport of Goods |
5. | Convention of the Recognition and Enforcement of Foreign Arbitration Awards |
International Trade Practice
1. | International Rules for the Interpretation of the Trade Terms |
IPR LAWS AND REGULATIONS OF CHINA
There are three kinds of patents in China with equal protection, that is, invention patent, utility and industrial design. China follow the first-to-file principle. When two or more patent applications are filed for an identical invention, only the applicant who filed the patent application first will be entitled to obtain a patent for that invention. As China is a member of Patent Cooperation Treaty (PCT), foreign applicants can file patent applications under PCT.The State Intellectual Property Office of China (SIPO) is responsible for patent examination, registration and administration.
Patent laws and regulations
1. | Patent Law of the P. R. China |
2. | Rules for the Implementation of the Patent Law of the P. R. China |
3. | Regulations on Patent Commissioning |
4. | Guidelines for Patent Examination |
Copyright protection
According to the Copyright Law of China, copyright includes personal rights and property rights and originates as of the date when the creation of a work is completed.
Copyright holders can register copyright with relevant administration unit, but registration is not prerequisite to acquisition of the right. The National Copyright Administration of China (NCAC) is responsible for copyright administration,enforcement of copyright laws and regulation and approval of establishment of copyright collective management organizations and foreign related agencies.
Copyright laws and regulations
1. | Copyright Law of the P. R. China |
2. | Regulations for the Implementation of Copyright Law of the P. R. China |
3. | Regulations on Copyright Collective Administration |
4. | International Copyright Treaties Implementing Rules |
5. | Measures for Registration of Computer Software Copyright |
6. | Measures for the Administrative Protection of Internet Copyright |
7. | Regulations on the Administration of Movies |
Trademark protection
The Trademark Law of China provides for the principle of trademark registration and protection. Trademark is obtained through registration. Regardless of use or not, the exclusive right to use the trademark shall be granted, provided that it is in line with provisions of the Trademark Law and approved for registration by trademark authority. In addition, the Trademark Law also follows first-to-file principle. Simply put, only the applicant who filed the application first will be entitled to obtain a trademark. The Trademark Office of the State Administration for Industry & Commerce (SAIC) is responsible for trademark registration, examination and administration.
Trademark laws and regulations
1. | Trademark Law of the P. R. China |
2. | Regulations for the Implementation of the Trademark Law of the P. R. China |
3. | Provisions on the Management of Trademarks in Foreign Trade |
4. | Regulations on the Administration of Special Signs |
5. | Regulations on the Protection of Olympic Symbols |
Trade secret protection
Article 10 of Law Against Unfair Competition of China concerning trade secret protection provides that “A business operator shall not use any of the following means to infringe upon trade secrets: (1) obtaining an obligee's trade secrets by stealing, luring, intimidation or any other unfair means; (2) disclosing, using or allowing another person to use the trade secrets obtained from the obligee by the means mentioned in the preceding paragraph;or (3) in violation of the agreement or against the obligee's demand for keeping trade secrets, disclosing, using or allowing another person to use the trade secrets he possesses.” The GI protection provided by China is basically equal to that of most other countries in the world, so is the standards for determination of trade secrets and its infringement.
Trade secret laws and regulations
1. | Law of the P. R. China Against Unfair Competition |
2. | Certain Regulations on Prohibiting Unfair Competition activity concerning imitating specific Names, Packaging or Decoration of Well-known Commodities |
