 |
What
is Patent? How can a patent protect an inventor? |
 |
Patents
protect technical innovations. Any person who invents or discovers
any new and useful process, machine, manufacture, or composition
of matter, or any new and useful improvement thereof, can file
a patent application. Most countries of the world have their
own patent systems. A patent in a given country gives the owner
the exclusive rights to produce, use or sell the invention in
that country. Besides, the inventor can license their invention
to another person or company, in exchange of licensing fees.
|
|
How
long does the life of a patent extend to? What are the procedures
for maintaining the validity of a patent once it is granted? |
|
The
maximum life of patent protection is 20 years in most countries.
This is subject to payment renewal, often required annually.
|
|
I
would like to know what "Registered Design" is. What is covered
under the term "Design"? What kind of products can apply for
design registration? |
|
Registered
Design protects the visible features of shape, pattern, ornamentation
or configuration applicable to an article. Examples of registerable
design include the pattern of textile article, and the outward
appearance of toys, watches, consumer electronics and household
appliances. |
|
What
are the procedures for applying for registered design? |
|
The
filing of the application must be accompanied by photographs/drawings
of the relevant product from different perspectives. The application
will then be examined by the relevant Design Registry. Once
the application has been accepted, it will be published in the
Gazette for public opposition. If there is no objection after
the opposition period, the applicant will receive the Certificate
of Registration. Registered design is protected regionally.
Should you need to obtain protection for a particular region,
you must obtain the registered design for that region. |
|
How
long does a registered design remain protected? |
|
The
protection period of a registered design varies from 10 to 25
years in different countries. For instance, it is 25 years in
the UK; 14 years in the US and 10 years in the PRC depending
on the national system (and must be renewed). |
|
Are
there any ways to protect a registered trademark in mainland
China? What should I do if my trademark is being infringed in
the Mainland? |
|
You can
protect your trademark in the Mainland by lodging a complaint
with:
- Trade
and Industry Bureau
- The
Court
- Police
& Security Bureau &
- Customs
record arrangement
A case
in point was a local manufacturer of computer hardware and
software products with considerable market presence in mainland
China. For over 10 years, the company's trademark was continuously
being used illegally by unscrupulous imitators, whereas all
measures to halt the infringement brought no results. In 1999
the company commissioned the IPSC to pursue the case. Having
identified the proper channels within the Guangdong Trade
and Industry Bureau, the Centre helped the client launch a
series of successful legal actions. In a letter of appreciation,
the chairman of the company thanked the Centre's dedication
and professionalism in helping to solve a decade-long problem
within a single month.
|
|
Do
you conduct any seminars or certificate courses to enhance the
awareness and understanding of the general public or the local
business community on intellectual property rights? |
|
Yes.
Our Centre periodically organises certificate courses and seminars
that aim to promote understanding of the functions of intellectual
property rights. By inviting government officials, academics
and experts to deliver speeches on relevant topics and to assist
in the training of staff who will be responsible for their companies'
intellectual property rights matters. Besides, we also invite
experts and corporate executives to share their experience on
the prevention of infringement of rights. In addition, we organise
fact-finding tours for companies, allowing them to gain firsthand
knowledge in the intellectual property rights situation in the
Mainland and overseas, as well as helping companies to grasp
how other countries protect intellectual property rights. If
you are interested, please call 2788 6042 for details. |
