How does Chinese law regulate the use of trademarks and copyright in China?

In China, trademarks and copyright are regulated by the Chinese Trademark Law and the Copyright Law, respectively. The Trademark Law is designed to protect the rights of trademark owners, while the Copyright Law protects the rights of authors and creators. The Chinese Trademark Law requires that trademark owners must register their trademark in order to have exclusive rights to its use. The registration process includes submitting an application, undergoing a review, and publishing the trademark registration in the trademark gazette. Once the registration is complete, trademark owners will have exclusive rights to the use of their trademark for a period of 10 years, which can be renewed upon expiry. The law also prohibits others from using the trademark without the owner’s permission or producing goods/services that are too similar to a trademarked product. With regards to copyright, the Copyright Law in China safeguards the rights of creators, including authors, performers, and publishers. The Copyright Law grants authors exclusive rights to their creations, such as the right to authorize or prohibit others from reproducing and publicly displaying/performing their works. Under the law, authors also have the right to receive payments for the use of their works. In addition, the law prohibits the piracy of works, such as through illegally reproducing, adapting, or distributing copyrighted works. Overall, the Trademark Law and Copyright Law in China are designed to protect the rights of trademark and copyright owners, by giving them exclusive rights to their works and preventing others from using them without permission.

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