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Intellectual Property Rights, Technology and Trade Secrets

Updated:2021-10-30 17:18:48    Source:www.tannet-group.comViews:331

Intellectual property rights are protected under PRC law, for example, the Trademark Law, the Copyright Law and the Patent Law. Other forms of intellectual property and proprietary rights, such as trade secrets, are also provided for under the law of mainland China.

In order to meet its obligations for accession to the World Trade Organisation, the government has revised most of its intellectual property laws to ensure their consistency with international treaties
and norms.It would nonetheless be advisable for a foreign investor to adopt a rigorous approach towards the protection and enforcement of its intellectual property and proprietary rights in mainland China,especially since the enforcement of such rights can in practice be fraught with difficulties.

There is a fundamental distinction between “rights of ownership in land” and “rights to use land” in mainland China.

Land in mainland China is owned either by the State (state-owned land) or by rural collectives (collectively-owned land). Land in urban areas is owned by the State, while land in suburban and rural areas is generally owned by rural collectives. The right to use land,however, can be held privately. Land use rights are divided into two main types, each with very different attributes, namely “granted land use rights”
and “allocated land use rights”.

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