1. Civil Action of Intellectual Property

The civil actions of intellectual property mainly include actions concerning disputes on intellectual property ownership, infringement contract and other related matters as to the copyright, patent right, trademark right, computer software, domain names, copyright on the internet, technique contract, technique secret, layout-designs of integrated circuits and etc.

2. Administrative Action of Intellectual Property

The administrative actions of intellectual property mainly include actions against the Trademark Review and Adjudication Board for trademark, the Patent Reexamination Board for patent and other administrative authorities for their specific administrative acts (administrative penalty decision, administrative enforcement and etc.).

 

In accordance with the provisions of the Patent Law, where an applicant for patent is not satisfied with the decision of the Patent Office rejecting the application, the he or it may request the Patent Reexamination Board to make a reexamination.  Where any entity or individual considers that the grant of the patent right is not in conformity with the relevant provisions of the laws, it or he may request the Patent Reexamination Board to declare the patent right invalid.  Where the party is not satisfied with the decision of the Patent Reexamination Board, it or he may bring administrative actions to Beijing No. 1 Intermediate People's Court.  Where the party is not satisfied with the judgment of Beijing No. 1 Intermediate People's Court, it or he may appeal to Beijing Higher People’s Court.

 

In accordance with the provisions of the Trademark Law, where the interested party is not satisfied with the decision rejecting the application or the opposition decision of the Trademark Office, it or he may apply for a review to the Trademark Review and Adjudication Board.  The party disputing a registered trademark may apply to the Trademark Review and Adjudication Board for adjudication.  Where the party is not satisfied with the decision of review or adjudication by the Trademark Review and Adjudication Board, it or he may bring administrative actions to Beijing No. 1 Intermediate People’s Court.  Where the interested party is not satisfied with the judgment of the Beijing No. 1 Intermediate People’s Court, it or he may appeal to the Beijing Higher People’s Court.

 

 

1. Concluding the Agency Contract; 

2. Providing the Power of Attorney, the copy of the business license of the company/the copy of the ID card of the individual, the identity certification of the legal representative (if the client is a company) and etc. documents. 

3. Submitting the relevant materials: 

(1) To initiate an action:

(a) Copyright infringement case: to provide the name and address of the infringer, the copyright registration certificate (if any), works and creation description of the works (author, creation time, publication time, creation purpose and etc.) of the copyright owner, the evidence of infringement (such as samples or photos of the infringing articles, the sales invoices or products catalog of the infringer and etc.). 

(b) Trademark infringement case: to provide the name and address of the infringer, the copy of the trademark registration certificate of the trademark proprietor, the evidence of infringement (such as samples or photos of the infringing articles, the sales invoices or products catalog of the infringer and etc.). 

(c) Patent infringement case: to provide the name and address of the infringer, the copy of the patent certificate of the patentee, the publication text of the grant of the patent, the proof of the annual fee payment, a copy of extracts from the Patent Register, the evidence of infringement (such as samples or photos of the infringing products, the sales invoices or products catalog of the infringer and etc.).

 It is recommended that all the said evidence of infringement be notarized. 

(2) To Respond to an Action 

The plaintiff's Bill of Indictment and the relevant evidential material should be submitted before the defence period.

 

 

1. Acceptance Fee of the Court

(1) Civil Action Concerning Intellectual Property

◇ if there is no disputed amount or price, the fee for each case shall be CNY 500 to 1000;
◇ if there is disputed amount or price, the payment shall be made in accordance with the standards in property case, that is, at the following rates: 

(a) where the amount or price is not more than CNY 10,000, CNY 50 shall be paid for each case;
(b) for the part of more than CNY 10,000 up to CNY 100,000, the fee shall be paid at the rate of 2.5%;
(c) for the part of more than CNY 100,000 up to CNY 200,000, the fee shall be paid at the rate of 2%;
(d) for the part of more than CNY 200,000 up to CNY 500,000, the fee shall be paid at the rate of 1.5%;
(e) for the part of more than CNY 500,000 up to CNY 1 million, the fee shall be paid at the rate of 1%;
(f) for the part of more than CNY 1 million up to CNY 2 million, the fee shall be paid at the rate of 0.9%;
(g) for the part of more than CNY 2 million up to CNY 5 million, the fee shall be paid at the rate of 0.8%;
(h) for the part of more than CNY 5 million up to CNY 10 million, the fee shall be paid at the rate of 0.7%;
(i) for the part of more than CNY 10 million up to 20 million, the fee shall be paid at the rate of 0.6%;
(j) for the part of more than CNY 20 million, the fee shall be paid at the rate of 0.5%. 

(2) Administrative Action Concerning Intellectual Property 

CNY 100 shall be paid for each administrative case related to trademark, patent and the Customs.

2. Attorney Fees

The attorney fees for action shall be charged in accordance with the complexity of the cases.

3. Other Actual Disbursement

Any reasonable actual disbursement occurred in the process of action shall be borne by the client if the advance approval is obtained.