Home > How can I contact with those agencies in China
1. Administration for Quality Supervision, Inspection and Quarantine (AQSIQ)
China’s standard setting agency is primarily tasked with ensuring Chinese product quality and standards, also handles infringements of registered trademarks, when the infringing products are of inferior or shoddy quality goods. AQSIQ also issued administrative regulations regarding protection of geographic indications separately recognized by China.
2. General Administration of Quality Supervision Inspection and Quarantine (AQSIQ)
10A ChaowaiDajie
Beijing, China 100020
86-10-6599-3922
Fax: 86-10-6599-4421
Website: http://aqsiq.gov.cn (Chinese)
3. State Administration on Industry and Commerce (SAIC), Trademark Office
The Trademark Office, under the State Administration on Industry and Commerce (SAIC) maintains authority over trademark registration, administrative recognition of well-known marks, and enforcement of trademark protection. The Fair Trade Bureau handles disputes arising under the Law to Counter Unfair Competition, including trade secret matters. In enforcement efforts, SAIC has the power to investigate the case. When an infringement is determined, SAIC has the power to order that the sale of infringing items cease and to stop further infringement, order the destruction of infringing marks or products, impose fines, and remove machines used to produce counterfeit goods.
4. State Administration for Industry and Commerce (SAIC)
Trademark Office
8 Sanlihe East Road
Xicheng District
Beijing, 100820
Tel: 86-10-6803-2233
Fax: 86-10-6801-0463
Websites: http://www.saic.gov.cn (Chinese language only)
http://www.tmo.gov.cn (Chinese/English)
5. State Intellectual Property Office (SIPO)
It is responsible at the national level for the examination of foreign and domestic patents and supervision of local SIPO bureaus. Provincial offices generally handle the administrative enforcement of patent complaints.
State Intellectual Property Office (SIPO)
No 6 Xitucheng Road
Haidian District
P.O. Box 8020
Beijing, China 1000088
Tel: 86-10-6209-3268
Fax: 86-10-6201-9615
Website: http://www.sipo.gov.cn (Chinese/English)
6. National Copyright Administration (NCA)
It is responsible for copyright administration and enforcement. NCA is also responsible for nationwide copyright issues, including investigating infringement cases, administering foreign-related copyright issues, developing foreign-related arbitration rules and supervising administrative authorities. Though administrative remedies are available, NCA generally encourages complainants to use the court system due to lack of personnel.
National Copyright Administration of China (NCAC)
85 Dongsi Nan Dajie
Beijing, China 100703
Tel: 86-10-6512-7869 or 6527-6930
Fax: 86-10-6512-7875
Website: http://www.ncac.gov.cn (Chinese/English)
7. General Administration of Customs (GAC).
The Customs Regulations ban the import/export of IPR infringing goods. In order for Customs to exercise this right, the IP holder must record its IP with Customs. The recordal certificate issued by Customs is valid for seven years and is renewable for seven-year periods. When a right holder suspects infringing goods are about to enter or exit from China, he/she may submit a written application to Customs at the suspected point of entry or exist to seek protection. When Customs’ investigation reveals a case of infringement, it has the authority to confiscate the goods, and may destroy or remove the infringing goods, and impose a fine.
General Administration of Customs
6 JianguomenwaiDaJie
Beijing, China 100730
Tel: 86-10-6519-5243 or 6519-5399
Fax: 86-10-6519-5394
Website: http://www.customs.gov.cn
Shanghai Customs: http://www.shcus.gov.cn/apec/index.jsp
Tianjin Customs: http://tjc.online.tj.cn/
Guangzhou Customs: http://haiguan.gzfeihua.com/customs.htm
8. Public Security Bureau (police)/Procuratorate (prosecutors).
Under enforcement provisions of TRIPs, China must provide IP remedies through criminal enforcement for commercial scale piracy and counterfeiting. China’s laws and regulations stipulate that IP administrative authorities and Customs may transfer egregious IP infringement cases to police and prosecutors (procuratorate) for initiating criminal investigation. Despite these criminal provisions, most IP cases continued to be handled through the administrative system. Under Chinese law, individuals also have the right to prosecute criminal cases (zisu), which has rarely been used.
Ministry of Public Security
14 DongchangAn Street
Beijing, China 100741
Tel: 86-10-6520-2114
Email: 110@mps.gov.cn
Website: http://www.mps.gov.cn (Chinese)
9. Regional IPR Bureau.
In an attempt to coordinate local IP enforcement efforts, some provinces and municipalities in China have established IPR bureaus or IPR committees to coordinate public awareness campaigns and, to a more limited extent, enforcement. A local IPR bureau is generally a good source for companies seeking information on local regional enforcement mechanisms.
How can I protect my intellectual property and confidential information?
Your agreement should spell out what use the distributor is allowed to make of your trademarks and other intellectual property. For example, the agreement may include that the distributor is prohibited from altering your product packaging. Unless your agreement is carefully drafted, there can be unintended consequences - for example, the distributor may become entitled to some of the value of the intellectual property. Confidential information can be protected with suitable terms in the agreement. These will need to be included in the agreement on how confidential information will be protected after the distribution relationship is terminated.
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