What is the legal process for acquiring intellectual property in China?
The legal process of acquiring intellectual property in China is governed by the China Business Ventures Law of Illinois. Under this law, all foreign entities are required to register with the state prior to investing in Chinese businesses or acquiring intellectual property. To do this, the foreign entity must submit a Certificate of Registration of Foreign Enterprise with the state. Once the foreign entity is registered, it must apply for a business license from the Chinese government to conduct business activities in China. Business licenses are granted for two years, and must be renewed after expiration. The entity must also obtain approval from the Ministry of Foreign Affairs and any other necessary governmental authorities prior to conducting business. Once a foreign entity is approved to conduct business, it can apply for a trademark or patent from the Chinese government. This is done through the State Intellectual Property Office. The foreign entity must provide legal documents such as the application, proof of registration, and evidence confirming the unique ownership of the trademark or patent. Once the application is approved, the foreign entity has the exclusive right to use the trademark or patent in China. The intellectual property is then legally protected against infringement, meaning that any unauthorized use of the property is subject to legal penalties.
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