1. Legal protection of patent rights

As for the issue of foreigners obtaining patent rights in accordance with the law in my country, my country's Patent Law stipulates the principle of conditional national treatment. Article 18 of my country’s Patent Law stipulates: “If a foreigner, foreign enterprise or other foreign organization without a habitual residence or business office in China applies for a patent in China, he shall apply for a patent in accordance with the agreement signed between the country of origin and my country or the participation of the party. International treaties, or in accordance with the principle of reciprocity, in accordance with this law. "It can be seen that foreigners must meet two conditions to apply for patents in my country: first, the country has a treaty relationship with our country; second, the country has a principle of reciprocity with our country. Foreigners applying for patents and handling other patent matters in China must entrust a patent agency designated by the State Council to handle them. At present, the foreign-related patent agencies designated by the State Council include: Patent Agency Department of China Council for the Promotion of International Trade (China Chamber of International Commerce), Shanghai Patent Office, China Patent Agency Co., Ltd., etc. Foreigners must provide the following documents to the patent agency: (1) Certificate of nationality; (2) Documents proving the location of the headquarters of foreign enterprises or other foreign organizations; (3) The country to which the foreigner, foreign enterprise, or other foreign organization belongs, recognizes Chinese citizens Or the unit can enjoy patent rights and other patent-related rights in that country under the same conditions as nationals of that country.

As for the priority enjoyed by foreigners applying for patents in our country, according to the "Paris Convention" to which my country is a party, nationals of member states or people with residence in member states may apply for the same invention or utility model in the country. If an application is filed in China within 12 months of the first patent application filed in another member state, or within 6 months of the design application in another member state, the applicant can enjoy priority in my country based on the supporting documents of the first application filed in other member states. , that is, the date of first application is the filing date.

Chinese entities or individuals that wish to apply for patents from foreign countries for their domestic inventions and creations must first apply to the China Patent Office and, with the approval of the relevant competent authorities under the State Council, entrust a patent agency designated by the State Council to handle the application. Anyone who applies for a patent to a foreign country without authorization and discloses state secrets will be subject to administrative sanctions by his or her unit or the superior authority; if the circumstances are serious, criminal liability will be pursued in accordance with the law.

II. Legal Protection of Trademark Rights

Regarding the issue of trademark registration by foreigners in my country, according to Article 17 of my country’s Trademark Law: “Foreigners or foreign enterprises in When applying for trademark registration in China, it shall be handled in accordance with the agreement signed between the country of origin and the People's Republic of China or the international treaty to which both countries are parties, or in accordance with the principle of reciprocity. "Article 18 stipulates: "Foreigners or When foreign enterprises apply for trademark registration and handle other trademark matters in China, they should entrust a state-recognized organization with trademark agency qualifications to act as an agent. This means that my country has adopted the principle of conditional national treatment for foreigners’ trademark registration. According to this principle, hundreds of thousands of trademarks from more than 30 countries and regions have been registered in my country and have obtained exclusive trademark rights. Foreigners registering trademarks in my country and handling other trademark matters should entrust the China Chamber of International Commerce designated by the state as an agent. To entrust an agent, you must formally apply for a notarized and certified power of attorney and relevant supporting documents.

As for the priority rights enjoyed by foreigners registering trademarks in my country, in accordance with the principles of the Paris Convention to which my country is a party, the State Council of my country stipulates that from March 19, 1985, all nationals of member states of the Convention will If you have filed an application for trademark registration with any member state of the Paris Convention, and subsequently filed an application for registration of the same trademark on the same goods in China, you can claim the right to enjoy the same trademark within 6 months from the first application. priority. Anyone claiming priority shall submit a written statement, a copy of the first application in other member states and other relevant documents.

If my country’s export commodities need to be registered abroad, they should first be registered in our country’s industrial and commercial industry in accordance with the Paris Convention and the Madrid Agreement to which my country is a party or in accordance with the principle of reciprocity and the principle of unconditional national treatment stipulated by the other country. Register with the management agency and entrust the my country Chamber of International Commerce as an agent to apply for registration in foreign countries.

3. Legal protection of copyright

The international protection of my country’s Copyright Law also adopts the “principle of dual-nationality national treatment”, that is, the works of Chinese citizens, legal persons or other organizations Regardless of whether it is published domestically or overseas, it is regarded as a Chinese work and protected by China's Copyright Law. If a foreigner's work is first published outside China and is also published within China within 30 days, it is deemed to be first published in China and is protected by law as a Chinese work.

The works of foreigners that have been published outside our country shall be protected by China's Copyright Law in accordance with the agreement signed by the country to which they belong and China or the international treaty to which China is a party. Regardless of whether the works of the above-mentioned foreigners are first published in China, as long as they comply with the provisions of the Copyright Law, they will automatically be protected by law in my country, just like the works of Chinese citizens.

If the works of our country’s citizens, legal persons and other organizations are to be protected by law in foreign countries, they can be published for the first time in a member country of the convention in accordance with the provisions of international conventions to which our country has participated, and also published in other member countries. At the same time, when legal protection is obtained, or if it is also published in a member state of the Berne Convention within 30 days after being first published in our country, it will be regarded as published at the same time and can be protected by the laws of all member states.

In summary, in today's era of rapid economic development, the protection of intellectual property rights is of great significance to all countries. The formulation of a complete set of intellectual property protection laws is something that all countries must consider in the process of economic development. question. Only in this way can we better protect our country's intellectual property rights from infringement, and make better use of foreign intellectual property rights to better serve the development of our country's economy.