1.98

-6.11

-1.89

7.55

-3.19

IP IN THE

CREATIVEINDUSTRYThis guide addresses the Intellectual Property (IP) issues often faced by creative businesses in various sub-sectors of the creative industry in China.

As in Europe, copyright in China arises automatically upon the creation of a copyrightable work.

Copyrightable works include architectural or engineering drawings, works of fine art, applied art,

literary works, music or sound recordings, dramatic or cinematic works, compilations, software, etc.

Remember that copyright protects only the expression of an idea, not the idea itself.

COPYRIGHT

In China: on November 1st, 2019 the Anti-Unfair Competition Law will come into effect.

In this law the definition of trade secrets is expanded beyond business and technology

related information. Commercial know-how can now also be protected as a trade secret

in Chinese courts.

Trade secrets include undisclosed designs, sketches, concepts, models, project

proposals, customer lists, supplier lists, price lists, contractual terms, business

operational methods, contact lists, internal emails, business strategy or initiatives,

negotiations, etc.

Trade secrets protection is lost as soon as the information becomes public.

Measures to ensure confidentiality include the use of confidentiality agreements tied

to disclosure, non-disclosure agreements with employees, use of passwords, and

marking of documents as confidential.

Trade secret misappropriation

can be disadvantageous, and

its use should be carefully

considered. As an example:

trade secrets in certain dealings

with governments must be

revealed.

WATCH-OUT!

TRADE SECRETS

Designs registered in a foreign country do not enjoy protection in China. To

qualify for protection, a design cannot be an existing design and must be sufficiently

distinguishable from other designs.

A design patent gives you the exclusive right to use or allow others to use your

design in China for 10 years.

INDUSTRIAL DESIGNS

Cost effective protection of creative ideas and

designs in China generally requires a combination of

knowledge, prevention and business savvy. Preventive

strategies for the protection of IP generally include:

IP Contractual protection

Preventive operating measures

Registration of IP

Industrial designs, invention patents, utility

models, and trademarks must all be properly

registered to be protected in China. Have a plan in

place to determine which IP you will register.

You can protect your IP contractually by ensuring that your

contract clearly stipulates the ownership of the IP and contains

proper confidentiality provisions. In lieu of a full contract, insist on

having a confidentiality agreement beforehand.

Business savvy and employing preventive

operating measures can go a long way

in ensuring that your IP is protected.

Draw a line prior to negotiations

on how far you are willing to

skirt on IP protections so that

you know when to walk away.

C O N T R A C T U A L P R O T E C T I O N

P R E V E N T I V E O P E R A T I N G M E A S U R E S

PREVENTIVE MEASURESF O R I P P R O T E C T I O N

An initiativeof the

www.china-iprhelpdesk.eu

© European Union, 2019Reuse is authorised provided the source is acknowledged.The reuse policy of European Commission documents is regulated by Decision 2011/833/EU (OJ L 330, 14.12.2011, p.39).

Disclaimer: The China IPR SME Helpdesk –An initiative of the European Commission– is a free service for SMEs which provides practical, objective and factual information about Intellectual Property Rights in China. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. The content and opinions expressed are those of the authors and do not necessarily represent the views of the European Commission and/or the Executive Agency for Small and Medium-sized Enterprises or any other body of the European Union. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice. Neither the European Commission nor the Agency may be held responsible for the use which may be made of the information contained herein.EA-02-19-712-EN-C — ISBN 978-92-9202-631-8 — doi:10.2826/798044EA-02-19-712-EN-N — ISBN 978-92-9202-625-7 — doi:10.2826/66201

@iprchina

question@china-iprhelpdesk.eu

HELPLINEfree, fast & confidential

3 workingdaysHeader illustration

by Archjoe / Freepik