China

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CN

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
China-EU Technology Cooperation Programme		EU-China
Horizon 2020	European Commission	EU EU-other countries	EU EU-other countries	The conditions and constraints are established. They depend on the type of the action or the specific actions.

Partner search facilities:


Name	Description	Scope	Costs
China International Science and Technology Cooperation	Provides information for establishing R&D cooperation in specific areas	China	Free of charge

Resources of information:


Name	Description	Costs
China Association for International Economic&Technical Cooperation	Served as a platform providing information to promote cooperation between companies, institutions and international organizations.	Not free for member

Institutions supporting R&D collaboration:


Name	Description
The Ministry of Science and Technology of the People's Republic of China	The Ministry is responsible for whole area of research and innovation; funding institution.

Legal framework for R&D cooperation:


Name of the agreement	Description
Agreement for scientific and technological cooperation between the European Community and the Government of the People's Republic of China	Agreement is aimed at encouragement, development and facilitation of cooperative activities between the EU and China in fields of common interest where they are pursuing research and development activities in science and technology.
Joint Declaration on the European Union - China Innovation Cooperation Dialogue of 20 September 2012	The EU and China declared their intention to initiate the Innovation Cooperation Dialogue, and to create an official platform for exchanges and cooperation on innovation between both sides.
BRICS	Collaboration between Brazil, Russia, India, China and South Africa. During the 6th BRICS summit in Brazil, the state banks of BRICS Member States concluded the Cooperation Agreement on Innovation.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Copyright Law of the People’s Republic of China	no	-
Patents	Patent Law of the People's Republic of China	yes	Patent Office at State Intellectual Property Office of the Peoples' Republic of China (SIPO)
Utility models	Patent Law of the People's Republic of China	yes	Patent Office at State Intellectual Property Office of the Peoples' Republic of China (SIPO)
Trade marks	Trademark Law of the People's Republic of China	yes	Trademark Office at State Administration for Industry and Commerce of the People's Republic of China (SAIC)
(Industrial) designs	Patent Law of the People's Republic of China	yes	Patent Office at State Intellectual Property Office of the Peoples' Republic of China (SIPO)
Geographical Indications	Measures for the Administration of Special Signs of Geographical Indication Products	yes	Trademark Office at State Administration for Industry and Commerce of the People's Republic of China (SAIC)
Know How	not protected	-	-
Plant Breeders Rights	Regulation of the People's Republic of China on Protection of New Varieties of Plants	yes	Office for the Protection of New Varieties of Plants, Ministry of Agriculture, People's Republic of China State Forestry Administration Office for the Protection of New Varieties of Plants
Topographies of Semiconductor Products	Regulations on the Protection of Layout-Designs of Integrated Circuits	yes	Patent Office at State Intellectual Property Office of the Peoples' Republic of China (SIPO)

IPRs' databases:


Name of the source	What information can I find?	Language
Database of Patent Office at State Intellectual Property Office of the Peoples' Republic of China (SIPO)	Patent search database.	English, Chinese
Database of Trademark Office at State Administration for Industry and Commerce of the People's Republic of China (SAIC)	Information regarding trademarks registeration, assignment, opposition, renewal, alteration, revocation etc.	Chinese

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	Prior user rights:	Any person that has already manufactured identical products before the date of patent application, or used identical method or has made necessary preparations for the manufacture or use and continues to manufacture the products or use the method within the original scope.	Patent Law of the People's Republic of China, Article 69 part 2
Patents/Utility models	!!! Patents/Utility models/Designs - The following acts shall not be regarded as patent infringement:	Any person may use the relevant patent specially for the purpose of scientific research and experimentation; Any person may produce, use, or import patented drugs or patented medical apparatus and instruments, for the purpose of providing information required for administrative examination and approval, or produce or any other person imports patented drugs or patented medical apparatus and instruments especially for that person.	Article 69 parts 4 and 5
Industrial Designs	!!! Patents/Utility models/Designs - Innocent infringement:	Where any person, for the purpose of production and business operation, uses, offers to sell or sells a patent-infringing product without knowing that such product is produced and sold without permission of the patentee, he shall not be liable for compensation provided that the legitimate source of the product can be proved.	Article 70
Topographies of Semiconductor Products
Trade Marks	Innocent infringement:	Where a person unknowingly sells goods which represent an infringement upon another person's exclusive right to the use of a registered trademark but can prove that they are obtained by himself lawfully and can identify the supplier, he shall not bear the liability to pay compensation.	Trademark Law of the People's Republic of China, Article 56 (3)
Copyright	In the following cases, a work may be used without permission from, and without payment of remuneration to, the copyright owner:	Use of another person’s published work for purposes of the user’s own personal study, research or appreciation; Appropriate quotation from another person’s published work for the purpose of introducing or commenting a certain work, or explaining a certain point; Unavoidable inclusion or quotation of a published work in the media, such as in a newspaper, periodical and radio and television program, for the purpose of reporting current events; Publishing or rebroadcasting by the media of an article published by another newspaper or periodical, or broadcast by another radio station or television station, etc. on current political, economic or religious topics; of a speech delivered at a public gathering; Translation, or reproduction in a small quantity of copies of a published work by teachers or scientific researchers for use in classroom teaching or scientific research; Use of a published work by a State organ to a justifiable extent for the purpose of fulfilling its official duties; Reproduction of a work in its collections by a library, archive, memorial hall, museum, art gallery, etc. for the purpose of display, or preservation of a copy, of the work; Gratuitous live performance of a published work, for which no fees are charged to the public, nor payments are made to the performers; Copying, drawing, photographing or video-recording of a work of art put up or displayed in an outdoor public place; Translation of a published work of a Chinese citizen, legal entity or other organization from Han language into minority nationality languages for publication and distribution in the country; Transliteration of a published work i	Copyright Law of the People’s Republic of China, Article 22

IP Office:


Name of the office	Scope of activities
Patent Office at State Intellectual Property Office of the Peoples' Republic of China (SIPO)	Grants patents for inventions, utility models, industrial designs and layout-designs of integrated circuits.
Trademark Office at State Administration for Industry and Commerce of the People's Republic of China (SAIC)	Registration of trademarks.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	yes
Hague Convention		no
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Author / Inventor
Default (statutory) regime for employee’s creations	In relation to patents: Employer, if an invention is accomplished in the course of performing the duties of an employee, or mainly by using the material and technical conditions of an employer. In relation to copyright: Employer, in case of drawings of engineering designs and product designs, maps, computer software and other works which are created in the course of employment mainly with the material and technical resources of the legal entity or other organization and for which the legal entity or other organization bears responsibility; the same applies to works created in the course of employment the copyright in which is, in accordance with laws, administrative regulations or contracts, enjoyed by the legal entity or other organization. In other cases, the copyright shall belong to the employee, but the employer shall have priority to exploit the work within the scope of its professional activities.
Ownership of research results in publicly sponsored research	No specific rules
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	None
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	None
Related law (name & link)	Patent Law of the People's Republic of China, Article 6 Copyright Law of the People’s Republic of China, Articles 11, 16

Dissemination rules:


Limitations on publication	None
Specific rules regarding publication of scientific results financed by public bodies	None
Non-disclosure clauses in research contracts	None

Specific incentives for innovation activities:


Related Law (name & Link)	Information not available
Incentives provided by law for individual researchers	None
Related Law (name & Link)	Information not available
Incentives provided by HEI for researcher	None

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Transfer / Licensing of copyright, patents, trademarks	Written form. Additionally for trademarks: contracts on transfer shall be approved by the Trademark Office; licensing contracts shall be submitted to the Trademark Office for record.	None	None	Copyright Law of the People’s Republic of China, Articles 24, 25 Trademark Law of the People's Republic of China, Articles 39, 40 Contract Law of the People’s Republic of China, Chapter 18 Section 3

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patent	The unit that is granted the patent right shall reward the inventor or designer of an employment invention-creation. After such patent is exploited, the inventor or designer shall be given a reasonable amount of remuneration according to the scope of application and the economic results.	None	None	Patent Law of the People's Republic of China, Article 16 Rules for the Implementation of the Patent Law of the People’s Republic of China, Rules 76-78
Copyright	The rates of remuneration for the exploitation of a work may be agreed upon by the parties and may also be paid in accordance with the rates fixed by the administrative department for copyright under the State Council in conjunction with the other departments concerned. In the absence of an explicit agreement in the contract, the remuneration shall be paid in accordance with the rates fixed by the said department under the State Council in conjunction with the other departments concerned.	None	None	Copyright Law of the People’s Republic of China, Article 28

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Technology Exploitation Contract, Technology Transfer Contract, Technology Consult Contract, Technology Service Contract	Although there is no model contracts for all types of contract mentioned, there is "Technology Contract Qualification Rule" issued by The Ministry of Science and Technology which regulates the contracts.	http://www.most.gov.cn/fggw/zfwj/zfwj2001/200512/t20051214_55040.htm