Overview of the legal framework

China’s intellectual property system is built on the twin objectives of protecting innovation and promoting economic development. The main statutes include:

• Patent Law (adopted in 1984 and amended several times, most recently in 2020)

• Trademark Law (enacted in 1982 and amended in 2019)

• Copyright Law (as amended in 2020)

• Anti-Unfair Competition Law

• Regulations on the Protection of New Varieties of Plants

• Regulations on the Protection of Layout-Designs of Integrated Circuits

The competent authority is the China National Intellectual Property Administration (CNIPA), which is under the State Council.
China is a member of WIPO, the PCT, the Madrid Protocol, the Paris Convention, the Berne Convention and the TRIPS Agreement.

International filings and examination practice in China

• High requirements for consistency: translation errors may result in office actions or refusals;

• Strict and procedural examination: particular emphasis on conflicts with earlier rights;

• Fully electronic systems: all applications can be filed and prosecuted online;

• Official language is Chinese;

• Mandatory representation: foreign applicants must file through a patent or trademark agency registered in China.

Key points of the trade mark system

Filing routes

• Direct filing before the China National Intellectual Property Administration – Trademark Office (CNIPA);

• or designating China via the Madrid System (Madrid Protocol).

Classification standard

• China applies the Nice Classification and supplements it with a domestic “similar goods/services group” system;

• the level of granularity for goods/services descriptions is high, which supports precise searching and conflict assessment.

Examination focus

• Both formal and substantive examination are carried out;

• particular emphasis on distinctiveness, conflicts with prior rights and the risk of confusion among the public;

• examination of similarity for foreign-language and transliterated marks is relatively strict.

Use and term of protection

• The registration is valid for 10 years and may be renewed indefinitely;

• non-use for a continuous period of three years may lead to cancellation upon request.

Opposition and remedies

• Opposition can be filed within three months from the date of publication;

• decisions on refusals may be reviewed by the Trademark Review and Adjudication Board, and further appealed to the Beijing Intellectual Property Court.

Patent system

Types and terms of protection

• Invention patents: 20 years from the filing date;

• Utility models: 10 years from the filing date;

• Design patents: 15 years from the filing date (extended following the 2021 amendment).

Examination mechanism

• Invention patents are subject to substantive examination;

• utility models and design patents are examined mainly on formalities;

• a request for substantive examination must be filed within three years from the filing date.

International routes

• China is a PCT Contracting State;

• foreign applicants may enter the Chinese national phase via an international application under the PCT.

System features

• Examination timelines are gradually shortening: for inventions, typically around 20–24 months after filing;

• early publication and accelerated examination mechanisms are available;

• online filing, fee payment and status tracking are supported.

Design protection

Legal basis

• Based on the Patent Law and the Implementing Regulations of the Patent Law.

Subject matter protected

• The appearance of a product, including shape, pattern, colours or their combination;

• since the 2021 amendment, graphical user interfaces (GUIs) have also been brought within the scope of protection.

Term of protection

• Protected for 15 years from the filing date.

Key features

• partial designs can be claimed as the subject of protection;

• multiple designs may be filed on the same day;

• the standard for novelty is relatively strict; confidentiality should be maintained before publication.