Tips for Australian wine companies

The following information can be found on the IP Australia Intellectual Property in China website.

What to consider before applying in China

Before you enter the Chinese market, you should consider protecting your intellectual property (IP) in China. Here's what to consider before applying.

The key ways to protect your IP rights in China are to:

• Develop an IP strategy early
• Familiarise yourself with the Chinese IP system
• Use strong contracts designed for China
• Actively monitor for infringement and enforce your rights
• Seek experienced legal advice.

Develop an IP strategy early

You should develop a plan for managing your IP before taking your idea or invention to market.

Until you have a clear IP strategy in China, take care before:

• Approaching anyone in China about manufacturing products
• Exhibiting your wares at international trade fairs
• Offering goods for sale in China
• Reaching out to local assistance for distribution or business advice.

Note that mainland China, Hong Kong, Macau and Taiwan all have separate IP systems, so you'll need to consider each of these markets separately.

Get familiar with the Chinese IP system

In China, you can protect your brand by registering a trade mark. Please note the following:

• In China, the owner of a brand is the person who owns the earliest relevant trade mark registration. It's not the person who first develops or uses the brand. It could be time-consuming and expensive to get your trade mark back if it's already been registered by someone else.
• Be cautious of distributors or business associates who offer to make trade mark registrations on your behalf — you could lose control of your IP. Ip Australia encourages you to manage the process yourself with help from a legal professional with expertise in Chinese trade marks.
• You should consider registering both your English and Chinese trade marks, as well as any logos. Chinese consumers often prefer to use a Chinese language brand, which could be a phonetic transliteration of your English brand or a translation of the meaning of your English brand. Branding consultants and some Chinese trade mark agents can help you develop an appealing Chinese language brand.
• Like Australia, China divides trade marks goods and services into 45 classes, which are then divided into subclasses. A registration in one subclass usually won't prevent someone else registering your trade mark in a different subclass.
• A legal professional with expertise in Chinese trade marks can help ensure that the list of goods and services on your trade mark application covers the required classes and subclasses.

What to consider

Before applying, make sure you:

1. Understand what's considered a trade mark in China and if your trade mark is eligible for protection
2. Consider whether you should apply to register your trade mark in Australia first
3. Know the cost of applying for a trade mark in China and through the Madrid System
4. Understand how to conduct a thorough search to make sure your trade mark hasn't already been protected in China.

How to apply

There are two ways to apply for a trade mark in China:

1. To the China National Intellectual Property Administration (CNIPA) via an IP professional
2. Through the Madrid System.

China's trade mark application process is complex. IP Australia recommends engaging an IP professional with expertise and experience filing in China to advise you on the best options for your circumstances.

Further guidance

For information on China's trade mark system, visit the China Intellectual Property Administration (CNIPA).