Protecting intellectual property in foreign toys

By Wang Yadong and Li Min, Run Ming Law Office
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Foreign toys dominate the market for medium and high-end toys in China, thanks in part to their novelty and safety.

In planning for the long term, foreign toy makers need to tap into the PRC toy market, and also to secure the protections accorded by the intellectual property (IP) laws of the PRC.

Copyrights and patents

Wang Yadong,Run Ming Law Office
Wang Yadong
Executive partner
Run Ming Law Office

Under the PRC’s framework of IP law, copyright is defined as the exclusive right in a work that its originator enjoys.

The object of protection is the work. Originality is the substantive criterion for determining whether a work is entitled to the protection of the PRC Copyright Law.

A patent right, meanwhile, is the exclusive right that an inventor enjoys in the achievements of a technical invention.

The object of protection is an industrial property right. To secure a patent, it is necessary for the product in question to satisfy such criteria as novelty, originality and practicality.

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Wang Yadong is executive partner and Li Min is a partner at Run Ming Law Office

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