Legal basis: People's Republic of China (PRC) Patent Law.
Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.
the trademark law of the people's republic of china
Article 1 This Law is formulated in order to strengthen trademark administration, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, safeguard the interests of consumers and producers and operators, and promote the development of socialist market economy.
Article 2 The Trademark Office of the State Council Administration for Industry and Commerce shall be in charge of the national trademark registration and administration. The State Council Administration for Industry and Commerce has set up a Trademark Review and Adjudication Board to handle trademark disputes.
Article 3 Trademarks approved for registration by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.
People's Republic of China (PRC) Anti-unfair Competition Law
Article 1 This Law is formulated in order to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition and protect the legitimate rights and interests of operators and consumers.
Article 2 Operators shall follow the principles of voluntariness, equality, fairness, honesty and credibility, and abide by laws and business ethics in their production and business activities. Unfair competition as mentioned in this Law refers to the acts of business operators in violation of the provisions of this Law, disrupting the order of market competition and harming the legitimate rights and interests of other business operators or consumers. Operators mentioned in this Law refer to natural persons, legal persons and unincorporated organizations engaged in the production, operation or provision of services (hereinafter referred to as commodities, including services).
Article 3 People's governments at all levels shall take measures to stop unfair competition and create a good environment and conditions for fair competition. The State Council has established a coordination mechanism against unfair competition, studied and decided on major policies against unfair competition, and coordinated and handled major issues in maintaining market competition order.