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In the depth of entrepreneurship
Legal Knowledge for Startups
Foreword
Before launching the operations of a company, it is necessary to acquire some legal knowledge to avoid exposing your enterprise to risks. On this occasion, William has received advice from professional start-up consultant EG from Start-Up Guide on the legal aspects of tax, HR recruitment and business operations. Some common issues were addressed and solutions suggested, with a list of well-known law firms in Shenzhen provided. Issues regarding the registration of intellectual property rights were also covered.
Reading Guide
• General legal knowledge
• Common legal issues
• List of well-known law firms in Shenzhen
General legal knowledge
Nuno Batista, a Portuguese entrepreneur operating a business consultancy company in Shenzhen, shares that the challenges faced by foreigners in China include the rapid changes of government policies and regulations, and the strict visa requirements for foreigners. Nuno however handles these challenges with a positive attitude:
Nuno Batista
CEO of Soulfato Group Lighting Start-up
CEO of Soulfato Group Lighting Start-up
Nationality：Portugal
Number of years in Shenzhen：4 years
Company type：Chinese enterprise
Duration of company establishment：4 years
"If you want to come to China, you need to understand and respect Chinese culture and Chinese rules. And there is always a meaning on their policies. China is a big country, they need to find effective policies to command, to manage a massive size of people. There is no meaning if you coming to China, and complain everyday about these policies. There's always a way to do things. We have many foreigners here who don't understand China and they end up by going back to their countries because they don't learn to understand China. They think they come here and they can change China to their own image, and I think that's not the right attitude to be here."
—— CEO of Soulfato GroupNuno Batista
While in Shenzhen, the relevant authority for tax is the Shenzhen Taxation Bureau under the State Taxation Administration. Since financial and tax policies differ from one country to another, naturally the tax policies in China will differ from those of other countries. For instance, tax declarations are made monthly, quarterly and annually in China. Failure to declare in time will result in you being blacklisted and paying a fine and a late payment penalty.
The area of employment is within the purview of the Shenzhen Human Resources and Social Security Bureau. Regarding the employment of Chinese nationals, you will need to understand the Labor Law of China. For the employment of foreigners, you will need to ensure the visa and other related applications for the employees are properly completed. Upon the recruitment of an employee, you should ensure that the employment registration, employment contract, confidentiality agreement, and the restraint of trade clause are completed promptly and the necessary social security and housing provident fund contributions are paid.
Business operational matters are governed by the Ministry of Commerce of the People's Republic of China and the Market Supervision Administration of Shenzhen Municipality. Foreign investors in China must comply with the Special Administrative Measures (Negative List) for the Access of Foreign Investment and the Negative List for Market Access. Any business operation that goes beyond the scope of these measures will be investigated and penalized by the government.
Common legal issues
Apart from these, there are some other common issues that you should be aware of.
A company submits the annual report of its previous natural year within two months of the anniversary of its establishment (referred to as “rolling annual report date”). A company that has been registered in the current natural year will submit its annual report in the following natural year. If it is a foreign-invested company or a customs-managed company, it should be submitted before June 30 of the following year. Enterprises that have not disclosed their annual reports as required will be placed by the department for industry and commerce on a list of irregularly operated enterprises and be penalized accordingly. Failure to conform to this requirement for more than three years will result in the enterprise being included permanently on the “blacklist” of seriously non-compliant enterprises. The legal representative and officers in charge of a seriously non-compliant enterprise will not be allowed to act as the legal representative and officers in charge of other enterprises within 3 years.
Apart from the disclosure of annual reports, an enterprise also needs to declare its corporate income tax to the taxation bureau before May 31 of the year following its establishment. Any enterprise failing to make the declaration within the stipulated period may be penalized and imposed with a late payment penalty by the tax authorities, and may affect the enterprise tax credit rating evaluation.
Audit reports can be issued by the enterprise according to its needs. An audit report can be issued if needed by a third party during tendering and bidding processes, or to allow investors not involved in the actual operation of the company to better understand the company’s operations and finances.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
List of well-known law firms in Shenzhen
As an entrepreneur, if you encounter problems with legal affairs, you can consider consulting or purchasing services from relevant professional institutions. The following well-known Shenzhen law firms can provide legal outsourcing services. The list of law firms is for reference only:
William is wondering about the differences between service outsourcing and hiring an internal team. What are the advantages and disadvantages of each of these options? Professional start-up consultant EG from Start-Up Guide offers the following analysis, and advises that an entrepreneur should choose the option that matches the needs of his or her company.
| Name of Law Firm | Contact Details | Website |
| Beijing Yingke (Shenzhen) Law Firm | 3rd Floor, Tower B, Rongchao Business Center, No. 6003, Yitian Road, Futian District, Shenzhen, Guangdong Province | http://www.yingkeinternational.com/ |
| Sincere Qianhai Law Offices | Building 8, Qianhai Wanke Enterprises Mansion, No.63 Qianwan 1st Road, Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone, Shenzhen | http://www.qianhailaw.cn/services/ |
| China Commercial Lam Lee Lai (Qianhai) Law Firm | Unit B, First Floor, Building 3, Enterprise Dream Park, Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone, Shenzhen | http://www.hs-lll.cn/en/ |
| Global Law Office Beijing | Units B/C, 26th Floor, Tower 5, Dachong International Center, No. 39 Tonggu Road, Nanshan District, Shenzhen | http://www.glo.com.cn/en/ |
| Dentons Shenzhen | 3rd & 4th Floor, Block A, Shenzhen International Innovation Center, No.1006, Shennan Boulevard, Futian District, Shenzhen | http://www.glo.com.cn/en/shenzhen.dachenglaw.com |
William is wondering about the differences between service outsourcing and hiring an internal team. What are the advantages and disadvantages of each of these options? Professional start-up consultant EG from Start-Up Guide offers the following analysis, and advises that an entrepreneur should choose the option that matches the needs of his or her company.
| Option | Recommendation | Pros and Cons |
| Finance/legal services outsourcing | During the early stages of a company, when the team is small and there is still limited understanding of the Chinese market, it may be a good idea to consider outsourcing your financial and tax/legal work. | Pros: (1) Highly professional: Tax agencies are professional in their work and promptly handle tax declarations, thus significantly reducing the risk of penalty for late declarations and damaging the company's credibility. Engaging a legal services organization will also give you access to the quality services of professional legal teams. (2) Reduces operational costs. Cons:Risks of disclosure of trade information and lack of communication efficiency. |
| Hiring an internal finance/legal team | After a company has reached a certain size, and its business development requires prompt and immediate communication and interaction between finance/legal personnel, it may be advisable to hire an internal finance/legal team. | Pros: More secure: Prompt and immediate communication and interaction helps expedite internal financial processes. Cons:Higher costs: More costs need to be incurred for employees’ salaries, social insurance and housing provident fund contributions, as well as benefits. |
Intellectual Property
The protection of intellectual property rights is important for an entrepreneur. With the easy access to the Internet, a company’s product and design concepts are vulnerable to rapid imitation and even outright copying by competitors, which can result in immense losses to the entrepreneur. William had a friend who experienced exactly such an infringement of intellectual property rights.
From a legal perspective, professional start-up consultant EG from Start-Up Guide suggests that entrepreneurs could log on to the website of the China National Intellectual Property Administration to find out more about relevant national policies and registration processes for intellectual property rights. It is essential to fully understand the relevant laws and regulations in order to protect your own rights and interests.
Relevant authority: National Intellectual Property Administration
Chinese website: http://www.cnipa.gov.cn/
English website: http://english.cnipa.gov.cn/
William is aware of three major types of intellectual property rights: Copyright, trademark, and patent.
However, he is unclear about the specific application requirements and required documents. Professional
start-up consultant EG from Start-Up Guide provides him with the following information:
(1) Copyright
Copyright: The exclusive right owned by an author over his or her literary, artistic or scientific and technical
work, and is a form of intangible property right. The main focus here is on copyright registration for computer
software.
Relevant authority: National Copyright Administration
Chinese website: http://www.ncac.gov.cn/
English website: http://en.ncac.gov.cn/
The application information, materials and process flow are set out as follows, based on the common example of copyright registration for computer software:
1. Application information
(1) Registration department for copyright of computer software: The Software Registration Department of the
Copyright Protection Center of China (CPCC). (URL: http://www.ccopyright.com).
(2) Processing period: Within 30 days of accepting the application.
(3) Application process: Fill in application form online → submit application documents → registration department accepts application → review → registration certificate granted
(4) Application method:
Submit the application personally at the registration hall;
Send in the application by registered mail or express mail.
Mailing address: Suite 302, 3rd Floor, Block A, Tianqiao Art Building, No. 1 Tianqiao South Street, Xicheng District, Beijing (Post Code: 100050)
Office address for personal submission:
1.Guangdong, Hong Kong and Macau Copyright Registration Hall of Copyright Protection Center of China (For urgent processing only, charge per piece)
Hotline: 0755-82334198
E-mail: 3486433001@qq.com
Address: 1/F, Wantong Building, No. 3002, Sungang East Road, Luohu District, Shenzhen (Near the Exit D of Yuanling Station of Line 9)
Directions: (Bus) 1. Sungang Fine Art City Stop: Route 218 and 371.
(Metro) Yuanling Station (Exit D).
Reminder: There are occasional adjustments to the operation of bus routes. The bus and subway station information provided here has certain timeliness and is for reference only!
2.Copyright Registration Hall, Block A, Tianqiao Art Building (Booking via WeChat)
Directions: (Bus) 1. Tianqiao stop: Route 7, 2, 20, 35, 36, etc.
(Metro) Tianqiao station: Metro Line 8 south (Exit A).
(5) Methods of enquiry:
① Telephone enquiry on software registration
Enquiry on software registration: 010—68003934, 64097080
Enquiry on application approval process: 010—84195634
Enquiry on mailing of certificates: 010—64097920
Enquiry on amendment of software registration: 010—84195640
② Telephone enquiry on software files and replacement of certificates
Enquiry on application approval process: 010—68003887—7050
③ Complaints and suggestions on software registration: rjdj@ccopyright.com
(6) Application materials
1.Application Form for Software Copyright Registration;
2. Verification materials for software (programs, files);
3.Relevant documents of proof (personal identification documents and rights ownership documents of the applicant, agent and contact person).
① Personal identification documents of agent: For applications handled by agents, the photocopies of the personal identification documents of the agent must be submitted, and the agent's appointed tasks, scope of authority, period of service and other relevant matters must be specified in the application form.
② Personal identification documents of the applicant (stamp of official seal is required for organizations)
|
Applicant
|
Foreign natural
person
|
Hong Kong corporate legal person |
Taiwan corporate legal person | Foreign legal person and other organizations |
| Documents required | Photocopies of passports must be submitted, along with their Chinese translations which must be signed by and stamped with the seal of the translator. | The original and photocopies of the registration certificate and a valid business registration certificate must be submitted, which have to be notarized by a Hong Kong lawyer appointed by the Ministry of Justice of the People's Republic of China. | The identification documents of legal person status certified by the courts or notary offices in Taiwan must be submitted, along with a completed Proof of Legal Person Status in Taiwan. | Legal documents proving the registration and legal person status of the applicant must be submitted. The documents of proof must be certified by the local Chinese consulate or notarized by a local notary office in order to be valid. The original notarizing or certifying documents need to be submitted in the application. The documents of proof of legal person status submitted by foreign legal persons may differ in content and format due to the different countries or geographical locations. However, the basicinformation in the documents should at least contain: 1. Name of legal person; 2. Date of registration; 3. Place of registration; 4. Proof of registration no.; 5. Validity period of the document of proof; etc. |
|
Remarks: If the above identification documents or other relevant documents of proof of registration (e.g. contracts) are in a foreign language, they must be accompanied by the original copies of their Chinese translations completed by qualified translation organizations and stamped with the latter's official seals.
|
||||
③ Identification documents of contact persons
If the applicant is handling the application by themselves, the photocopies of the identification
documents of its contact person need to be submitted (personal identification card, passport, military officer certificate, etc.); if the application is handled by an agent, the photocopies of the identification documents of its contact persons (applicant contact person and agent contact person) need to be submitted.
④ Documents proving ownership of rights
·if a third party has been appointed to carry out research development, the development appointment agreement needs to be submitted;
·if it is a joint development project, the joint development agreement needs to be submitted;
·if the research development was a project instructed by a higher authority, the relevant document of instruction from the instructing department needs to be submitted.
2.Process flow for registration of software copyright
2.Process flow for registration of software copyright
3. Applicable laws and regulations:
1. Copyright Law of the People's Republic of China (amended 2010)
http://en.ncac.gov.cn/copyright/contents/10365/329083.shtml
2. Regulations for the Protection of Computer Software
Regulations on Computers Software Protection
Website:http://en.ncac.gov.cn/copyright/contents/10366/337985.shtml
(2) Trademarks
A trademark is the identifying mark for a business, which is therefore useful for keeping business activities in order.
Relevant authority: Trademark Office (under the National Intellectual Property Administration)
Chinese website of Trademark Office: http://sbj.cnipa.gov.cn
English website of Trademark Office:http://english.cnipa.gov.cn
Based on the example of a trademark or service mark application, there are three methods of registration
which include electronic application, on-site application, and application through agent:
① The applicant submits an electronic application
The applicant may submit a trademark registration application via the online services system.
Website of online service system of the Trademark Office of National Intellectual Property
Administration, PRC: http://sbj.cnipa.gov.cn/wssq/
Website of the online trademark services system: http://wssq.saic.gov.cn:9080/tmsve/
② The applicant can submit a trademark registration application at the following locations.
Method 1:
Submit the application at the trademark application counters set up by the local industry, commerce
Submit the application at the trademark application counters set up by the local industry, commerce
and market regulation department on behalf of the Trademark Office.
Shenzhen trademark application counters
Address: Administrative Services East Hall, Civic Center, Fuzhong 3rd Road, Futian District,
Shenzhen, Guangdong
Telephone enquiry: 0755-88127758
Directions: (Bus)
1. Civic Center stop: Route 38, 41, 60, 64, 107, 236, 398, m123 and m390;
2. Civic Center East stop: Route 34, 38, 41, 60, 64, 371 and n9, etc.
(Metro)
1. Civic Center station: Shekou Line 2 (Exit B), Longhua Line 4 (Exit B);
2. Children's Palace station: Longgang Line 3, Longhua Line 4 (Exit D, A1 and A2).
Method 2:
Submit the application at the trademark registration hall of the Trademark Office.
Address of trademark registration hall of the Trademark Office: No. 1, Chama South Street,
Xicheng District, Beijing
Telephone enquiry: 86-10-63218500/010—62356655
Directions: (Bus)
1. Honglian South Road stop: Route 89 and 45, Special Route 30.
(Metro)
1. Daguan Ying station: Line 7 (Exit D);
2. Wanzi station: Line 7 (Exit D).
③ The applicant appoints a trademark agent registered with the Trademark Office to handle the application.
Tips:It is advisable to make an application after conducting a trademark search. Otherwise a rejected application will cost you the trademark registration fee and cause a longer waiting time.
At least the following documents need to be submitted when applying to register a trademark (the detailed list of documents can be found on the official website):
① Trademark Application Form;
② Photocopies of identification documents of the applicant (only one copy needs to be submitted if the same applicant is applying for multiple trademarks);
③ Trademark design.
Tips: If the identification documents and documents of proof submitted by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. Any submission of such documents without Chinese translations is invalid.
If the applicant has been requested to rectify the submitted documents due to submission of incomplete documents or non-compliance with the relevant requirements, the applicant must provide the correct or missing documents as instructed to the Trademark Office within 30 days of the notice for rectification.
The Trademark Office will process and examine the trademark registration application according to the relevant requirements of the trademark law. If it is found to have complied with the requirements, the application will be subject to preliminary examination and publicly announced. If it is rejected due to non-compliance with the requirements, the applicant will be notified in writing of the rejection and its reasons.
Simultaneous applications
(3) Patents
Patents: Include inventions, utility models and industrial designs
Relevant authority: National Intellectual Property Administration
Chinese website of Trademark Office:
https://www.cnipa.gov.cn/col/col1510/index.html
English website of Trademark Office:
https://www.cnipa.gov.cn/col/col1510/index.html
There are two methods of patent registration which include electronic application and application in writing:
① For an electronic application, the applicant should first complete user registration for electronic application, and then submit the application and other documents to the Patent Office through its electronic patent application system. The link to the China patent electronic application portal is: http://cponline.cnipa.gov.cn
② Application in writing. The application and other documents can be submitted in person to the application counters of the Patent Office or sent to the “Application Counter of the Patent Office of the National Intellectual Property Administration”, or alternatively they can be submitted in person to the application counters of the representative office of the Patent Office or sent to the “Representative Office of the Patent Office of the National Intellectual Property Administration”.
Application Counter of the Patent Office of the China National Intellectual Property Administration
Customer service center: 010-62356655
In order to get timely and accurate answers to the applicant's questions, the State Intellectual
Property Office has set up a consultation system on the official website. The applicant can choose to enter the corresponding consulting system according to the content to be consulted.
Consultation on patent application process: http://jlhd.cnipr.com.cn:20818/jact/front/mailwrite. do?sysid=6
Consultation on patent electronic application system: http://app.cponline.cnipa.gov.cn/txn02m0x0001. do
Patent reexamination consultation: http://reexam-app.cnipa.gov.cn/fszxt2020New/user_addmeg.jsp
Patent literature consultation: http://jlhd.cnipr.com.cn:20818/jact/front/mailwrite.do?sysid=12
Shenzhen Representative Office of the Patent Office of the National Intellectual Property
Administration
Tel: 0755-26617303
Fax: 0755-26617304
Post code: 518057
Address: 6th Floor, Block C, Building 4, Shenzhen Software Industry Base, Xuefu Road, Gaoxin South District, Nanshan District, Shenzhen, Guangdong Province
Website: www.sziprs.org.cn
Bank: China Everbright Bank, Shenzhen Hi-Tech Park branch
Account name:
Shenzhen Representative Office of the Patent Office of the National Intellectual Property Administration
Account number: 39020188000058725
Directions: (Bus)
1. Software Industry Base stop: Route 72, M201, M562, etc.;
2. Binhai Zhichuang stop: Route 80, 362, etc.
(Metro) 1. Houhai station: Shekou Line 2 (Exit D2).
Process flow for patent applications:
Source: National Intellectual Property Administration
Application documents required to be submitted for a patent application include:
① When applying for patents for inventions, the application documents shall include: The invention patent request, abstract (submit drawings of abstract if necessary), patent claims, and specification (submit drawings of specification if necessary).
② When applying for patents for utility models, the application documents shall include: The utility model patent request, abstract, drawings of abstract, patent claims, specification, drawings of specification.
③ When applying for patents for industrial designs, the application documents shall include: The industrial design patent request, images or photographs (if protection of colors is sought, the images or photographs must be provided in color), and a brief description of the industrial design.
Also note that the standard forms of the Patent Office must be used in the application documents.
The forms can be obtained in the following manner:
1. Download from the website of the National Intellectual Property Administration https://www.cnipa.gov.cn/col/col192/index.html
2. Obtain a copy at the enquiry counter of the Application Submission Hall of the Patent Office or by letter (Mailing address: Publication Office of the Initial Examination and Process Management Department of the Patent Office of the State Intellectual Property Office);
Gentle reminder:
The paper used for application documents must be of the same quality as photocopy paper. There must be no unnecessary wordings, markings, boxes or lines on the paper. The paper used for all documents must be A4 in size (210 mm X 297 mm). The paper for application documents must be used on one side only and in portrait orientation. The words must be arranged from left to right, with a 25 mm margin on the left and at the top, and a 15 mm margin on the right and at the bottom.
The correct order of documents submitted should also be followed:
Patent application documents for inventions or utility models (in the following order): Request, abstract, drawings of abstract, specification (including any amino acid or nucleotide sequence listings), and drawings of specification.
Application documents for industrial designs (in the following manner): Request, images or photographs, and brief description. All parts of the application documents must be marked with page numbers in sequence in Arabic numerals.
Note the following text requirements for the application documents:
All parts of the application documents shall be in Chinese. Where the names of foreign persons, places or technical terms do not have a standardized Chinese translation, the translated names shall be followed by their original names in parentheses.
The application documents shall be typed or printed in the Songti, Fangsongti or Kaiti font in black, with a font height of 3.5 - 4.5 mm, and a spacing of 2.5 - 3.5 mm. If drawings are included in the application documents, their lines should be even and clear, without any corrective markings. Project blueprints shall not be used as drawings.
Documents of proof:
Documents of proof required to be submitted in the patent application process must be issued by the relevant supervising departments or signed by the party concerned. All documents of proof must be original. Any photocopy must be notarized, or certified by the supervising department that issued the document with the
stamp of its official seal (except where the original documents are filed with the Patent Office). Documents of proof that are in a foreign language must be accompanied by their Chinese translations.
Signature or seal
All patent application or other documents submitted to the Patent Office must be signed or stamped with a seal in accordance with requirements. Any application not handled by a patent agent must be signed by or
stamped with the seal of the applicant (or patent holder), other stakeholders or their representatives. Any application concerning joint rights of the patent must be signed by or stamped with the seals of all rights
holders. If a patent agent has been appointed, the application shall be stamped with the seal of the agency, and if necessary the signature or seal stamps of the applicant (or patent holder), other stakeholders or their representatives shall also be included.
Simultaneous applications
If an applicant files for both the utility model and patent of an invention on the same day, this must be specified respectively during the application.
Patent application must comply with the unity of invention
One invention or utility model application can only relate to one invention or utility model.
Appointment of patent agents
Any foreigner, foreign enterprise or foreign organization with no regular domicile or business address in China, who is filing for a patent in China or filing as a first-named applicant jointly with another applicant from China for a patent, shall appoint a legally established patent agency to handle the application.
Acknowledgement of patent application
After receiving a patent application which fulfills the submission requirements, the Patent Office or its representative office shall issue a notice of acknowledgement to the applicant confirming the application date and providing an application number.
If application documents have been submitted to the Application Submission Counter of the Patent Office, the notice of acknowledgement from the Patent Office will normally be received within around one month. If the notice has not been received after more than a month, the applicant should promptly enquire with the Patent Office.
Determination of application date
For patent application and documents submitted to the Patent Office electronically, the submission date shall be the date the electronic documents are received by the Patent Office's electronic patent application system.
For patent application and documents submitted to the Patent Office electronically, the submission date shall be the date the electronic documents are received by the Patent Office's electronic patent application system.
For patent applications submitted to the Application Counter of the Patent Office or representative office counters, the application date shall be their date of receipt. For patent applications delivered by mail to the Application Counter of the Patent Office or representative office counters, the post mark date on the envelope shall be the application date.
Payment period for application fee
The applicant shall within two months of the application date or within 15 days of receiving the notice of acknowledgement complete payment of the application fee. The corresponding application number and relevant payment details must be provided during the process of payment.
Payment methods
① Electronic applicants may log on to the electronic application website (http://cponline.cnipa.gov.cn/) and pay the patent fee online.
② Pay directly to the Patent Office or its representative office.
③ Remit the payment through banks or post offices. For remittance through banks or post offices, the application number (or patent number) or name of payment item (or its abbreviation) must be specified correctly in the remittance slip.
Bank transfer:
Bank: CITIC Bank, Beijing Zhichun Road Branch
Account name: Patent Office of the National Intellectual Property Administration of the People's Republic of China
Account number: 7111710182600166032
Post office remittance:
Name of payment recipient: Payment Department of the Patent Office of the National Intellectual Property Administration
Business client no: 110000860 (can replace post code)
Post Code: No. 6, Xitucheng Road, Jimen Bridge, Haidian District, Beijing (100088)
Confidentiality review on patent applications to be filed abroad
If any organization or individual has completed an invention or utility model in China but intends to file for apatent in another country or submit an international patent application to the patent authority of the country, it must first request for a confidentiality examination by the Patent Office on the patent application to be filed
abroad. After the confidentiality examination, if it is found that the patent involves matters relating to nationalsecurity or other significant interests which must be kept confidential, the organization or individual must not file for the patent in any foreign country pertaining to the invention or utility model in question.
There are three ways to request for confidentiality examinations on patents to be filed abroad:
① Request for a confidentiality examination through the submission of the technical scheme. For requests made in such a manner, the applicant shall submit a request for confidentiality examination on patents to be filed abroad and the specification of the technical scheme, and submit the documents in writing in person to the application counters of the Patent Office or mail them to the "Application Counter of the Patent Office of the National Intellectual Property Administration".
② Make the request for confidentiality examination when or after filing the patent in China. For requests made in such a manner, the applicant shall submit a request for confidentiality examination on patents to be filed abroad
③ If an international patent application has been made to the Patent Office, a request for confidentiality examination shall be deemed as having been made, and a request for confidentiality examination on patents to be filed abroad need not be submitted separately.
Service Guide for Patent Confidentiality Examination in Foreign Countries can be found at http://www.sipo.gov.cn/docs/20190305141156594306.doc.
Important notes regarding the submission of application documents
① The applicant must keep a copy of all documents submitted to the Patent Office, to ensure theconsistency of details in Chinese during the review process, and which can be referred to when replyingto reviewer comments.
② Application documents shall be sent in by registered mail. If registered mail is not possible, express mail shall be used. Application documents must not be mailed in parcels. In addition to the address of
the Patent Office or its representative office (including the post code), the registered mail should also specify the wordings "Patent Documents" and "To the Application Counter of the Patent Office of the National Intellectual Property Administration" or "To the XX Representative Office of the Patent Office of the National Intellectual Property Administration". For application documents submitted by express mail,
the application date shall be the actual date of receipt by the Application Counter of the Patent Office or the representative office. One registered mail should only contain documents for the same application.
After mailing the documents, the applicant should keep the acknowledgement of receipt.
③ The Patent Office does not accept samples, prototypes or models when receiving patent applications. During the process of review, if the applicant has been requested by the reviewer to submit a sample or model, and is submitting at the Application Counter of the Patent Office, the applicant shall present
the notice of comments of review. If the items are being mailed, the wordings "Submission of models as requested by reviewer XXX (name)" shall be included.
(4) Intellectual Property Dispute Resolution
As a general rule, we would encourage both parties to negotiate and settle the dispute, and suggest that they appoint a third party (the National Intellectual Property Administration, the Intellectual Property Protection Association, a law firm, a natural person, etc.) as the mediator.If the dispute still cannot be resolved, the parties may apply for arbitration with an arbitration institution according to any written arbitration agreement between the parties or arbitration clauses in the intellectual property contract. In the absence of any written arbitration agreement or any arbitration clauses in the intellectual property contract, a legal action can be filed directly at a people's court.
Regardless of which country you plan to start a business in, it is essential to be equipped with the basic knowledge for establishing a start-up. I believe it will help
me operate my company more effectively!
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Legal Knowledge for Startups
Foreword
Before launching the operations of a company, it is necessary to acquire some legal knowledge to avoid exposing your enterprise to risks. On this occasion, William has received advice from professional start-up consultant EG from Start-Up Guide on the legal aspects of tax, HR recruitment and business operations. Some common issues were addressed and solutions suggested, with a list of well-known law firms in Shenzhen provided. Issues regarding the registration of intellectual property rights were also covered.
Reading Guide
• General legal knowledge
• Common legal issues
• List of well-known law firms in Shenzhen
General legal knowledge
Nuno Batista, a Portuguese entrepreneur operating a business consultancy company in Shenzhen, shares that the challenges faced by foreigners in China include the rapid changes of government policies and regulations, and the strict visa requirements for foreigners. Nuno however handles these challenges with a positive attitude:
Nuno Batista
CEO of Soulfato Group Lighting Start-up
CEO of Soulfato Group Lighting Start-up
Nationality：Portugal
Number of years in Shenzhen：4 years
Company type：Chinese enterprise
Duration of company establishment：4 years
"If you want to come to China, you need to understand and respect Chinese culture and Chinese rules. And there is always a meaning on their policies. China is a big country, they need to find effective policies to command, to manage a massive size of people. There is no meaning if you coming to China, and complain everyday about these policies. There's always a way to do things. We have many foreigners here who don't understand China and they end up by going back to their countries because they don't learn to understand China. They think they come here and they can change China to their own image, and I think that's not the right attitude to be here."
—— CEO of Soulfato GroupNuno Batista
While in Shenzhen, the relevant authority for tax is the Shenzhen Taxation Bureau under the State Taxation Administration. Since financial and tax policies differ from one country to another, naturally the tax policies in China will differ from those of other countries. For instance, tax declarations are made monthly, quarterly and annually in China. Failure to declare in time will result in you being blacklisted and paying a fine and a late payment penalty.
The area of employment is within the purview of the Shenzhen Human Resources and Social Security Bureau. Regarding the employment of Chinese nationals, you will need to understand the Labor Law of China. For the employment of foreigners, you will need to ensure the visa and other related applications for the employees are properly completed. Upon the recruitment of an employee, you should ensure that the employment registration, employment contract, confidentiality agreement, and the restraint of trade clause are completed promptly and the necessary social security and housing provident fund contributions are paid.
Business operational matters are governed by the Ministry of Commerce of the People's Republic of China and the Market Supervision Administration of Shenzhen Municipality. Foreign investors in China must comply with the Special Administrative Measures (Negative List) for the Access of Foreign Investment and the Negative List for Market Access. Any business operation that goes beyond the scope of these measures will be investigated and penalized by the government.
Common legal issues
Apart from these, there are some other common issues that you should be aware of.
A company submits the annual report of its previous natural year within two months of the anniversary of its establishment (referred to as “rolling annual report date”). A company that has been registered in the current natural year will submit its annual report in the following natural year. If it is a foreign-invested company or a customs-managed company, it should be submitted before June 30 of the following year. Enterprises that have not disclosed their annual reports as required will be placed by the department for industry and commerce on a list of irregularly operated enterprises and be penalized accordingly. Failure to conform to this requirement for more than three years will result in the enterprise being included permanently on the “blacklist” of seriously non-compliant enterprises. The legal representative and officers in charge of a seriously non-compliant enterprise will not be allowed to act as the legal representative and officers in charge of other enterprises within 3 years.
Apart from the disclosure of annual reports, an enterprise also needs to declare its corporate income tax to the taxation bureau before May 31 of the year following its establishment. Any enterprise failing to make the declaration within the stipulated period may be penalized and imposed with a late payment penalty by the tax authorities, and may affect the enterprise tax credit rating evaluation.
Audit reports can be issued by the enterprise according to its needs. An audit report can be issued if needed by a third party during tendering and bidding processes, or to allow investors not involved in the actual operation of the company to better understand the company’s operations and finances.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
List of well-known law firms in Shenzhen
As an entrepreneur, if you encounter problems with legal affairs, you can consider consulting or purchasing services from relevant professional institutions. The following well-known Shenzhen law firms can provide legal outsourcing services. The list of law firms is for reference only:
William is wondering about the differences between service outsourcing and hiring an internal team. What are the advantages and disadvantages of each of these options? Professional start-up consultant EG from Start-Up Guide offers the following analysis, and advises that an entrepreneur should choose the option that matches the needs of his or her company.
| Name of Law Firm | Contact Details | Website |
| Beijing Yingke (Shenzhen) Law Firm | 3rd Floor, Tower B, Rongchao Business Center, No. 6003, Yitian Road, Futian District, Shenzhen, Guangdong Province | http://www.yingkeinternational.com/ |
| Sincere Qianhai Law Offices | Building 8, Qianhai Wanke Enterprises Mansion, No.63 Qianwan 1st Road, Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone, Shenzhen | http://www.qianhailaw.cn/services/ |
| China Commercial Lam Lee Lai (Qianhai) Law Firm | Unit B, First Floor, Building 3, Enterprise Dream Park, Qianhai Shenzhen-Hongkong Modern Service Industry Cooperation Zone, Shenzhen | http://www.hs-lll.cn/en/ |
| Global Law Office Beijing | Units B/C, 26th Floor, Tower 5, Dachong International Center, No. 39 Tonggu Road, Nanshan District, Shenzhen | http://www.glo.com.cn/en/ |
| Dentons Shenzhen | 3rd & 4th Floor, Block A, Shenzhen International Innovation Center, No.1006, Shennan Boulevard, Futian District, Shenzhen | http://www.glo.com.cn/en/shenzhen.dachenglaw.com |
William is wondering about the differences between service outsourcing and hiring an internal team. What are the advantages and disadvantages of each of these options? Professional start-up consultant EG from Start-Up Guide offers the following analysis, and advises that an entrepreneur should choose the option that matches the needs of his or her company.
| Option | Recommendation | Pros and Cons |
| Finance/legal services outsourcing | During the early stages of a company, when the team is small and there is still limited understanding of the Chinese market, it may be a good idea to consider outsourcing your financial and tax/legal work. | Pros: (1) Highly professional: Tax agencies are professional in their work and promptly handle tax declarations, thus significantly reducing the risk of penalty for late declarations and damaging the company's credibility. Engaging a legal services organization will also give you access to the quality services of professional legal teams. (2) Reduces operational costs. Cons:Risks of disclosure of trade information and lack of communication efficiency. |
| Hiring an internal finance/legal team | After a company has reached a certain size, and its business development requires prompt and immediate communication and interaction between finance/legal personnel, it may be advisable to hire an internal finance/legal team. | Pros: More secure: Prompt and immediate communication and interaction helps expedite internal financial processes. Cons:Higher costs: More costs need to be incurred for employees’ salaries, social insurance and housing provident fund contributions, as well as benefits. |
Intellectual Property
The protection of intellectual property rights is important for an entrepreneur. With the easy access to the Internet, a company’s product and design concepts are vulnerable to rapid imitation and even outright copying by competitors, which can result in immense losses to the entrepreneur. William had a friend who experienced exactly such an infringement of intellectual property rights.
From a legal perspective, professional start-up consultant EG from Start-Up Guide suggests that entrepreneurs could log on to the website of the China National Intellectual Property Administration to find out more about relevant national policies and registration processes for intellectual property rights. It is essential to fully understand the relevant laws and regulations in order to protect your own rights and interests.
Relevant authority: National Intellectual Property Administration
Chinese website: http://www.cnipa.gov.cn/
English website: http://english.cnipa.gov.cn/
William is aware of three major types of intellectual property rights: Copyright, trademark, and patent.
However, he is unclear about the specific application requirements and required documents. Professional
start-up consultant EG from Start-Up Guide provides him with the following information:
(1) Copyright
Copyright: The exclusive right owned by an author over his or her literary, artistic or scientific and technical
work, and is a form of intangible property right. The main focus here is on copyright registration for computer
software.
Relevant authority: National Copyright Administration
Chinese website: http://www.ncac.gov.cn/
English website: http://en.ncac.gov.cn/
The application information, materials and process flow are set out as follows, based on the common example of copyright registration for computer software:
1. Application information
(1) Registration department for copyright of computer software: The Software Registration Department of the
Copyright Protection Center of China (CPCC). (URL: http://www.ccopyright.com).
(2) Processing period: Within 30 days of accepting the application.
(3) Application process: Fill in application form online → submit application documents → registration department accepts application → review → registration certificate granted
(4) Application method:
Submit the application personally at the registration hall;
Send in the application by registered mail or express mail.
Mailing address: Suite 302, 3rd Floor, Block A, Tianqiao Art Building, No. 1 Tianqiao South Street, Xicheng District, Beijing (Post Code: 100050)
Office address for personal submission:
1.Guangdong, Hong Kong and Macau Copyright Registration Hall of Copyright Protection Center of China (For urgent processing only, charge per piece)
Hotline: 0755-82334198
E-mail: 3486433001@qq.com
Address: 1/F, Wantong Building, No. 3002, Sungang East Road, Luohu District, Shenzhen (Near the Exit D of Yuanling Station of Line 9)
Directions: (Bus) 1. Sungang Fine Art City Stop: Route 218 and 371.
(Metro) Yuanling Station (Exit D).
Reminder: There are occasional adjustments to the operation of bus routes. The bus and subway station information provided here has certain timeliness and is for reference only!
2.Copyright Registration Hall, Block A, Tianqiao Art Building (Booking via WeChat)
Directions: (Bus) 1. Tianqiao stop: Route 7, 2, 20, 35, 36, etc.
(Metro) Tianqiao station: Metro Line 8 south (Exit A).
(5) Methods of enquiry:
① Telephone enquiry on software registration
Enquiry on software registration: 010—68003934, 64097080
Enquiry on application approval process: 010—84195634
Enquiry on mailing of certificates: 010—64097920
Enquiry on amendment of software registration: 010—84195640
② Telephone enquiry on software files and replacement of certificates
Enquiry on application approval process: 010—68003887—7050
③ Complaints and suggestions on software registration: rjdj@ccopyright.com
(6) Application materials
1.Application Form for Software Copyright Registration;
2. Verification materials for software (programs, files);
3.Relevant documents of proof (personal identification documents and rights ownership documents of the applicant, agent and contact person).
① Personal identification documents of agent: For applications handled by agents, the photocopies of the personal identification documents of the agent must be submitted, and the agent's appointed tasks, scope of authority, period of service and other relevant matters must be specified in the application form.
② Personal identification documents of the applicant (stamp of official seal is required for organizations)
|
Applicant
|
Foreign natural
person
|
Hong Kong corporate legal person |
Taiwan corporate legal person | Foreign legal person and other organizations |
| Documents required | Photocopies of passports must be submitted, along with their Chinese translations which must be signed by and stamped with the seal of the translator. | The original and photocopies of the registration certificate and a valid business registration certificate must be submitted, which have to be notarized by a Hong Kong lawyer appointed by the Ministry of Justice of the People's Republic of China. | The identification documents of legal person status certified by the courts or notary offices in Taiwan must be submitted, along with a completed Proof of Legal Person Status in Taiwan. | Legal documents proving the registration and legal person status of the applicant must be submitted. The documents of proof must be certified by the local Chinese consulate or notarized by a local notary office in order to be valid. The original notarizing or certifying documents need to be submitted in the application. The documents of proof of legal person status submitted by foreign legal persons may differ in content and format due to the different countries or geographical locations. However, the basicinformation in the documents should at least contain: 1. Name of legal person; 2. Date of registration; 3. Place of registration; 4. Proof of registration no.; 5. Validity period of the document of proof; etc. |
|
Remarks: If the above identification documents or other relevant documents of proof of registration (e.g. contracts) are in a foreign language, they must be accompanied by the original copies of their Chinese translations completed by qualified translation organizations and stamped with the latter's official seals.
|
||||
③ Identification documents of contact persons
If the applicant is handling the application by themselves, the photocopies of the identification
documents of its contact person need to be submitted (personal identification card, passport, military officer certificate, etc.); if the application is handled by an agent, the photocopies of the identification documents of its contact persons (applicant contact person and agent contact person) need to be submitted.
④ Documents proving ownership of rights
·if a third party has been appointed to carry out research development, the development appointment agreement needs to be submitted;
·if it is a joint development project, the joint development agreement needs to be submitted;
·if the research development was a project instructed by a higher authority, the relevant document of instruction from the instructing department needs to be submitted.
2.Process flow for registration of software copyright
2.Process flow for registration of software copyright
3. Applicable laws and regulations:
1. Copyright Law of the People's Republic of China (amended 2010)
http://en.ncac.gov.cn/copyright/contents/10365/329083.shtml
2. Regulations for the Protection of Computer Software
Regulations on Computers Software Protection
Website:http://en.ncac.gov.cn/copyright/contents/10366/337985.shtml
(2) Trademarks
A trademark is the identifying mark for a business, which is therefore useful for keeping business activities in order.
Relevant authority: Trademark Office (under the National Intellectual Property Administration)
Chinese website of Trademark Office: http://sbj.cnipa.gov.cn
English website of Trademark Office:http://english.cnipa.gov.cn
Based on the example of a trademark or service mark application, there are three methods of registration
which include electronic application, on-site application, and application through agent:
① The applicant submits an electronic application
The applicant may submit a trademark registration application via the online services system.
Website of online service system of the Trademark Office of National Intellectual Property
Administration, PRC: http://sbj.cnipa.gov.cn/wssq/
Website of the online trademark services system: http://wssq.saic.gov.cn:9080/tmsve/
② The applicant can submit a trademark registration application at the following locations.
Method 1:
Submit the application at the trademark application counters set up by the local industry, commerce
Submit the application at the trademark application counters set up by the local industry, commerce
and market regulation department on behalf of the Trademark Office.
Shenzhen trademark application counters
Address: Administrative Services East Hall, Civic Center, Fuzhong 3rd Road, Futian District,
Shenzhen, Guangdong
Telephone enquiry: 0755-88127758
Directions: (Bus)
1. Civic Center stop: Route 38, 41, 60, 64, 107, 236, 398, m123 and m390;
2. Civic Center East stop: Route 34, 38, 41, 60, 64, 371 and n9, etc.
(Metro)
1. Civic Center station: Shekou Line 2 (Exit B), Longhua Line 4 (Exit B);
2. Children's Palace station: Longgang Line 3, Longhua Line 4 (Exit D, A1 and A2).
Method 2:
Submit the application at the trademark registration hall of the Trademark Office.
Address of trademark registration hall of the Trademark Office: No. 1, Chama South Street,
Xicheng District, Beijing
Telephone enquiry: 86-10-63218500/010—62356655
Directions: (Bus)
1. Honglian South Road stop: Route 89 and 45, Special Route 30.
(Metro)
1. Daguan Ying station: Line 7 (Exit D);
2. Wanzi station: Line 7 (Exit D).
③ The applicant appoints a trademark agent registered with the Trademark Office to handle the application.
Tips:It is advisable to make an application after conducting a trademark search. Otherwise a rejected application will cost you the trademark registration fee and cause a longer waiting time.
At least the following documents need to be submitted when applying to register a trademark (the detailed list of documents can be found on the official website):
① Trademark Application Form;
② Photocopies of identification documents of the applicant (only one copy needs to be submitted if the same applicant is applying for multiple trademarks);
③ Trademark design.
Tips: If the identification documents and documents of proof submitted by the applicant are in a foreign language, they shall be accompanied by a Chinese translation. Any submission of such documents without Chinese translations is invalid.
If the applicant has been requested to rectify the submitted documents due to submission of incomplete documents or non-compliance with the relevant requirements, the applicant must provide the correct or missing documents as instructed to the Trademark Office within 30 days of the notice for rectification.
The Trademark Office will process and examine the trademark registration application according to the relevant requirements of the trademark law. If it is found to have complied with the requirements, the application will be subject to preliminary examination and publicly announced. If it is rejected due to non-compliance with the requirements, the applicant will be notified in writing of the rejection and its reasons.
Simultaneous applications
(3) Patents
Patents: Include inventions, utility models and industrial designs
Relevant authority: National Intellectual Property Administration
Chinese website of Trademark Office:
https://www.cnipa.gov.cn/col/col1510/index.html
English website of Trademark Office:
https://www.cnipa.gov.cn/col/col1510/index.html
There are two methods of patent registration which include electronic application and application in writing:
① For an electronic application, the applicant should first complete user registration for electronic application, and then submit the application and other documents to the Patent Office through its electronic patent application system. The link to the China patent electronic application portal is: http://cponline.cnipa.gov.cn
② Application in writing. The application and other documents can be submitted in person to the application counters of the Patent Office or sent to the “Application Counter of the Patent Office of the National Intellectual Property Administration”, or alternatively they can be submitted in person to the application counters of the representative office of the Patent Office or sent to the “Representative Office of the Patent Office of the National Intellectual Property Administration”.
Application Counter of the Patent Office of the China National Intellectual Property Administration
Customer service center: 010-62356655
In order to get timely and accurate answers to the applicant's questions, the State Intellectual
Property Office has set up a consultation system on the official website. The applicant can choose to enter the corresponding consulting system according to the content to be consulted.
Consultation on patent application process: http://jlhd.cnipr.com.cn:20818/jact/front/mailwrite. do?sysid=6
Consultation on patent electronic application system: http://app.cponline.cnipa.gov.cn/txn02m0x0001. do
Patent reexamination consultation: http://reexam-app.cnipa.gov.cn/fszxt2020New/user_addmeg.jsp
Patent literature consultation: http://jlhd.cnipr.com.cn:20818/jact/front/mailwrite.do?sysid=12
Shenzhen Representative Office of the Patent Office of the National Intellectual Property
Administration
Tel: 0755-26617303
Fax: 0755-26617304
Post code: 518057
Address: 6th Floor, Block C, Building 4, Shenzhen Software Industry Base, Xuefu Road, Gaoxin South District, Nanshan District, Shenzhen, Guangdong Province
Website: www.sziprs.org.cn
Bank: China Everbright Bank, Shenzhen Hi-Tech Park branch
Account name:
Shenzhen Representative Office of the Patent Office of the National Intellectual Property Administration
Account number: 39020188000058725
Directions: (Bus)
1. Software Industry Base stop: Route 72, M201, M562, etc.;
2. Binhai Zhichuang stop: Route 80, 362, etc.
(Metro) 1. Houhai station: Shekou Line 2 (Exit D2).
Process flow for patent applications:
Source: National Intellectual Property Administration
Application documents required to be submitted for a patent application include:
① When applying for patents for inventions, the application documents shall include: The invention patent request, abstract (submit drawings of abstract if necessary), patent claims, and specification (submit drawings of specification if necessary).
② When applying for patents for utility models, the application documents shall include: The utility model patent request, abstract, drawings of abstract, patent claims, specification, drawings of specification.
③ When applying for patents for industrial designs, the application documents shall include: The industrial design patent request, images or photographs (if protection of colors is sought, the images or photographs must be provided in color), and a brief description of the industrial design.
Also note that the standard forms of the Patent Office must be used in the application documents.
The forms can be obtained in the following manner:
1. Download from the website of the National Intellectual Property Administration https://www.cnipa.gov.cn/col/col192/index.html
2. Obtain a copy at the enquiry counter of the Application Submission Hall of the Patent Office or by letter (Mailing address: Publication Office of the Initial Examination and Process Management Department of the Patent Office of the State Intellectual Property Office);
Gentle reminder:
The paper used for application documents must be of the same quality as photocopy paper. There must be no unnecessary wordings, markings, boxes or lines on the paper. The paper used for all documents must be A4 in size (210 mm X 297 mm). The paper for application documents must be used on one side only and in portrait orientation. The words must be arranged from left to right, with a 25 mm margin on the left and at the top, and a 15 mm margin on the right and at the bottom.
The correct order of documents submitted should also be followed:
Patent application documents for inventions or utility models (in the following order): Request, abstract, drawings of abstract, specification (including any amino acid or nucleotide sequence listings), and drawings of specification.
Application documents for industrial designs (in the following manner): Request, images or photographs, and brief description. All parts of the application documents must be marked with page numbers in sequence in Arabic numerals.
Note the following text requirements for the application documents:
All parts of the application documents shall be in Chinese. Where the names of foreign persons, places or technical terms do not have a standardized Chinese translation, the translated names shall be followed by their original names in parentheses.
The application documents shall be typed or printed in the Songti, Fangsongti or Kaiti font in black, with a font height of 3.5 - 4.5 mm, and a spacing of 2.5 - 3.5 mm. If drawings are included in the application documents, their lines should be even and clear, without any corrective markings. Project blueprints shall not be used as drawings.
Documents of proof:
Documents of proof required to be submitted in the patent application process must be issued by the relevant supervising departments or signed by the party concerned. All documents of proof must be original. Any photocopy must be notarized, or certified by the supervising department that issued the document with the
stamp of its official seal (except where the original documents are filed with the Patent Office). Documents of proof that are in a foreign language must be accompanied by their Chinese translations.
Signature or seal
All patent application or other documents submitted to the Patent Office must be signed or stamped with a seal in accordance with requirements. Any application not handled by a patent agent must be signed by or
stamped with the seal of the applicant (or patent holder), other stakeholders or their representatives. Any application concerning joint rights of the patent must be signed by or stamped with the seals of all rights
holders. If a patent agent has been appointed, the application shall be stamped with the seal of the agency, and if necessary the signature or seal stamps of the applicant (or patent holder), other stakeholders or their representatives shall also be included.
Simultaneous applications
If an applicant files for both the utility model and patent of an invention on the same day, this must be specified respectively during the application.
Patent application must comply with the unity of invention
One invention or utility model application can only relate to one invention or utility model.
Appointment of patent agents
Any foreigner, foreign enterprise or foreign organization with no regular domicile or business address in China, who is filing for a patent in China or filing as a first-named applicant jointly with another applicant from China for a patent, shall appoint a legally established patent agency to handle the application.
Acknowledgement of patent application
After receiving a patent application which fulfills the submission requirements, the Patent Office or its representative office shall issue a notice of acknowledgement to the applicant confirming the application date and providing an application number.
If application documents have been submitted to the Application Submission Counter of the Patent Office, the notice of acknowledgement from the Patent Office will normally be received within around one month. If the notice has not been received after more than a month, the applicant should promptly enquire with the Patent Office.
Determination of application date
For patent application and documents submitted to the Patent Office electronically, the submission date shall be the date the electronic documents are received by the Patent Office's electronic patent application system.
For patent application and documents submitted to the Patent Office electronically, the submission date shall be the date the electronic documents are received by the Patent Office's electronic patent application system.
For patent applications submitted to the Application Counter of the Patent Office or representative office counters, the application date shall be their date of receipt. For patent applications delivered by mail to the Application Counter of the Patent Office or representative office counters, the post mark date on the envelope shall be the application date.
Payment period for application fee
The applicant shall within two months of the application date or within 15 days of receiving the notice of acknowledgement complete payment of the application fee. The corresponding application number and relevant payment details must be provided during the process of payment.
Payment methods
① Electronic applicants may log on to the electronic application website (http://cponline.cnipa.gov.cn/) and pay the patent fee online.
② Pay directly to the Patent Office or its representative office.
③ Remit the payment through banks or post offices. For remittance through banks or post offices, the application number (or patent number) or name of payment item (or its abbreviation) must be specified correctly in the remittance slip.
Bank transfer:
Bank: CITIC Bank, Beijing Zhichun Road Branch
Account name: Patent Office of the National Intellectual Property Administration of the People's Republic of China
Account number: 7111710182600166032
Post office remittance:
Name of payment recipient: Payment Department of the Patent Office of the National Intellectual Property Administration
Business client no: 110000860 (can replace post code)
Post Code: No. 6, Xitucheng Road, Jimen Bridge, Haidian District, Beijing (100088)
Confidentiality review on patent applications to be filed abroad
If any organization or individual has completed an invention or utility model in China but intends to file for apatent in another country or submit an international patent application to the patent authority of the country, it must first request for a confidentiality examination by the Patent Office on the patent application to be filed
abroad. After the confidentiality examination, if it is found that the patent involves matters relating to nationalsecurity or other significant interests which must be kept confidential, the organization or individual must not file for the patent in any foreign country pertaining to the invention or utility model in question.
There are three ways to request for confidentiality examinations on patents to be filed abroad:
① Request for a confidentiality examination through the submission of the technical scheme. For requests made in such a manner, the applicant shall submit a request for confidentiality examination on patents to be filed abroad and the specification of the technical scheme, and submit the documents in writing in person to the application counters of the Patent Office or mail them to the "Application Counter of the Patent Office of the National Intellectual Property Administration".
② Make the request for confidentiality examination when or after filing the patent in China. For requests made in such a manner, the applicant shall submit a request for confidentiality examination on patents to be filed abroad
③ If an international patent application has been made to the Patent Office, a request for confidentiality examination shall be deemed as having been made, and a request for confidentiality examination on patents to be filed abroad need not be submitted separately.
Service Guide for Patent Confidentiality Examination in Foreign Countries can be found at http://www.sipo.gov.cn/docs/20190305141156594306.doc.
Important notes regarding the submission of application documents
① The applicant must keep a copy of all documents submitted to the Patent Office, to ensure theconsistency of details in Chinese during the review process, and which can be referred to when replyingto reviewer comments.
② Application documents shall be sent in by registered mail. If registered mail is not possible, express mail shall be used. Application documents must not be mailed in parcels. In addition to the address of
the Patent Office or its representative office (including the post code), the registered mail should also specify the wordings "Patent Documents" and "To the Application Counter of the Patent Office of the National Intellectual Property Administration" or "To the XX Representative Office of the Patent Office of the National Intellectual Property Administration". For application documents submitted by express mail,
the application date shall be the actual date of receipt by the Application Counter of the Patent Office or the representative office. One registered mail should only contain documents for the same application.
After mailing the documents, the applicant should keep the acknowledgement of receipt.
③ The Patent Office does not accept samples, prototypes or models when receiving patent applications. During the process of review, if the applicant has been requested by the reviewer to submit a sample or model, and is submitting at the Application Counter of the Patent Office, the applicant shall present
the notice of comments of review. If the items are being mailed, the wordings "Submission of models as requested by reviewer XXX (name)" shall be included.
(4) Intellectual Property Dispute Resolution
As a general rule, we would encourage both parties to negotiate and settle the dispute, and suggest that they appoint a third party (the National Intellectual Property Administration, the Intellectual Property Protection Association, a law firm, a natural person, etc.) as the mediator.If the dispute still cannot be resolved, the parties may apply for arbitration with an arbitration institution according to any written arbitration agreement between the parties or arbitration clauses in the intellectual property contract. In the absence of any written arbitration agreement or any arbitration clauses in the intellectual property contract, a legal action can be filed directly at a people's court.
Regardless of which country you plan to start a business in, it is essential to be equipped with the basic knowledge for establishing a start-up. I believe it will help
me operate my company more effectively!
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
Thank you for your explanation. How should I purchase social insurance for my employees?
After opening a general bank account, you can apply to the Human Resources and Social Security Bureau of Shenzhen Municipality for a company social insurance account. After you have signed an employment contract with an employee, you can register the relevant details on the Human Resources and Social Security Bureau of Shenzhen Municipality system. To enquire about the list of documents required, you may call the service hotline at 12333.If you come across any legal issues as an entrepreneur, you may consider consulting or engaging the services of relevant professional agencies. Below is a list of wellknown law firms in Shenzhen that provide legal outsourcing services for your reference.
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