If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.
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How to register IP in China
In China, you can protect your IP with a trade mark, patent, design right or PBR.
To avoid someone else registering your mark and suing you for infringement, consider registering your rights as early as possible.
Note that an IP right in China doesn't provide protection in Hong Kong, Macau or Taiwan. You'll need to register your IP rights in these territories separately.
What to consider
Before applying, make sure you:
- Understand what's considered a trade mark in China and if your trade mark is eligible for protection. An IP professional can help you with this.
- Consider whether you should apply to register your trade mark in Australia first.
- Know the cost of applying for a trade mark in China and through the Madrid System.
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in China. An IP professional can help you with this.
How to apply
There are two ways to apply for a trade mark in China:
- To the China National Intellectual Property Administration (CNIPA) via an IP professional
- Through the Madrid System.
Apply via CNIPA Apply via the Madrid System
China's trade mark application process is complex. We recommend engaging an IP professional with expertise and experience filing in China to advise you on the best options for your circumstances.
Further guidance
For information on China's trade mark system, visit the China Intellectual Property Administration (CNIPA).
What to consider
Before applying, make sure you:
- Understand what's considered a patent in China and if your idea is eligible for protection. An IP professional can help you with this.
- Consider whether you should apply to register your patent in Australia first.
- Know the cost of applying for a patent in China.
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough global search to make sure your idea hasn't already been published. An IP professional can help you with this.
- Are aware of the special filing requirements. For example, you'll need to provide a Chinese translation of your application documents.
How to apply
There are two ways to apply for a patent in China:
- To the China National Intellectual Property Administration (CNIPA) via an IP professional.
If you have a provisional application, you'll need to file within 12 months to secure your priority date.
- Through the Patent Cooperation Treaty (PCT).
If you have an international application, you can apply to CNIPA and convert your application into a Chinese patent application. This is called 'entering the national phase'.
You may also be entitled to fast track examination under the Global Patent Prosecution Highway.
Apply via CNIPA Apply via the PCT
China's patent application process is complex. We recommend engaging an IP professional with expertise and experience filing in China to advise you on the best options for your circumstances.
Further guidance
For information on China's patents system, visit the China Intellectual Property Administration.
What to consider
Before applying, make sure you:
- Understand what's considered a design right in China and if your design is eligible for protection. An IP professional can help you with this.
- Consider whether you should apply to register your design in Australia first.
- Know the cost of applying for a design right in China.
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough global search to make sure your design hasn't already been published. An IP professional can help you with this.
How to apply
For a design right in China, apply to the China National Intellectual Property Administration (CNIPA) via an IP professional.
China's design rights application process is complex. We recommend engaging an IP professional with expertise and experience filing in China to advise you on the best options for your circumstances.
Further guidance
For information on China's design rights system, visit the China Intellectual Property Administration.
What to consider
Before applying, make sure you:
- Understand what's considered a PBR in China and if your plant variety is eligible for protection. An IP professional can help you with this.
- Consider whether you should apply to register your PBR in Australia first.
- Know the cost of registering a PBR in China.
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR isn't already protected in China. An IP professional can help you with this.
How to apply
- To register agricultural plants, apply to the Ministry of Agriculture and Rural Affairs.
- To register forestry plants, apply to the State Forestry Administration.
China's PBR application process is complex. We recommend engaging an IP professional with expertise and experience filing in China to advise you on the best options for your circumstances.
Further guidance
For information on China's PBR system, visit the Ministry of Agriculture and Rural Affairs and the National Forestry and Grassland Administration.
What other IP can you register?
China also administers IP rights for copyright, integrated circuit layouts and geographical indications.
Copyright
China operates an optional copyright registration system. The Copyright Protection Center of China administers copyright registration in China.
Integrated circuit layouts
In China, integrated circuit layouts have to be registered in order to obtain protection.
Geographical indications
In China, you can protect a geographical indication as a certification or a collective trade mark through the China National Intellectual Property Administration (CNIPA).
What can be protected without registration?
Trade secrets
There's no formal application or registration process for trade secrets in China.
Further guidance
- To learn more about trade marks, patents and design rights in China, visit the China National Intellectual Property Administration (CNIPA).
- To learn more about plant breeder's rights, visit the Ministry of Agriculture and Rural Affairs and the National Forestry and Grassland Administration.
- To find out about China's World Intellectual Property Organization (WIPO) membership, check out China's World Intellectual Property Organization's (WIPO) member page.
- If you're considering exporting to China, the Export Council of Australia provides information on licensing, clearances and access to finance and trade agreements.
- For information about China's export market and economy, you can check Austrade and DFAT's China profiles.