Hong Kong Copyright & Patent Service
Hotline: 86-755-82143422 Email: anitayao@citilinkia.com
Administration Protection Mechanism
China has adopted a so-called “Dual protection, Parallel Operation” mechanism, which means that both the courts and the administrative authorities are entitled to enforce the trademark law. This mechanism has proved to be very effective over the past 20 years owing to how it “fits” to China’s ever evolving national conditions. The administrative protection mechanism, non-judicial procedure, is that the trademark owner can claim a trademark infringement before the government authorities and seek remedies when its trademark rights are infringed. The relevant administration authorities will investigate and handle the complaint by confiscating the infringing goods or by offering other remedies, such as ordering the offender to cease infringement, and impose fines.
Administration Protection Authorities
AICs are established at every level of Chinese central and local governments. For the Chinese central government, the State Council set up the State Administration for Industry and Commerce (SAIC). Basically, the SAIC’s duty is to make rules, policies and to guide the work of local AICs. The SAIC doesn’t handle infringement cases. Local AICs handle trademark infringement cases that take place in their own areas.
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Chinese Customs
Chinese Customs conduct an important function in intellectual property protection like most countercultures organizations around the world. The General Administration of Chinese Customs has set up in its head office as the Section of Customs Protection for Intellectual Property Rights especially responsible for recording intellectual property rights in Customs and lending guidance to Customs departments nationwide in taking protective measures.
Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82143422, 86-755-82143512, or emailing to anitayao@citilinkia.com