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Glossary
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Administration — management of affairs, especially public affairs, government policy, etc.
Appeal — to take a case to a higher-level court.
Arbitration — a non-court procedure for resolving disputes using one or more neutral third parties, called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts and which usually lead to a faster, less-expensive resolution.
Argument, explanation — a reason or reasons offered in proof for or in favor of it, or against it.
Authorization — official permission or power to do something.
Beneficiary — a person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.
Brand — trademarked goods, or goods that display a trademark.
Breach — a term used to refer to the failure to carry out the terms of contract.
Business Secret — technological and business information, inaccessible to the general public, which can bring economic benefits to its owner, has practical applicability and for which the owner has adopted protective measures.
China Bar Association — an association that all licensed attorneys join as members automatically when granted a license. It shall be responsible for the administration and supervision of all licensed attorneys.
Commerce — buying and selling of goods.
Common Law — a system of jurisprudence originating in England and later used in the United States and other Commonwealth countries. It is based on judicial precedent rather than statutory rules.
Compensation — payment made by someone to cover the cost of damages or hardship caused.
Compulsory Patent License — according to the Patent Law, where any entity which is qualified to exploit the invention or utility model has made requests for authorization from the patentee of an invention or utility model to exploit its or his patent on reasonable terms and such efforts have not been successful within a reasonable period of time, the State Intellectual Property Office upon the application of that entity, grants a compulsory license to exploit the patent for invention or utility model.
Contract — an agreement establishing the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations.
Copyright — a legal right that provides the owner the right to control how a creative work is used. A copyright is comprised of a number of exclusive rights, including the right to make copies, the right to authorize others to make copies, to make derivative works, sell and market the work and perform the work.
Copyright infringement — any unauthorized use of a copyrighted work. Unauthorized use can range from outright plagiarism to using a portion of a photograph. The copyright owner may file a lawsuit to stop the infringement and collect damages from the infringer, provided the owner has rights to the copyright.
Cybersquatting — buying of a domain name that reflects the name of a business or famous person with the intent of selling that domain name back to the business or celebrity for a profit. Victims of cybersquatting can use the provisions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, an international tribunal administering domain names. This international policy results in arbitration of the dispute, not litigation.
Damages — money or compensation awarded to one party based on the injury or loss suffered by that party.
Debt Management & Collection — managing, handling, supervision, or control of debt.
Design — design in the Patent Law means any new design of the shape, pattern, color or combination thereof, which creates an aesthetic feeling and is fit for industrial application.
Disputable — capable of being disputed or liable to be called into question.
Distinctiveness — One of the indispensable characteristics of a trademark by which consumers can differentiate a good from other similar goods.
Duration of Patent Right — according to the Chinese Patent Law, the duration of patent right for inventions shall be twenty years, the duration of patent right for utility models and patent right for designs shall be ten years, counted from the date of filing.
Endorsement — an amendment to a contract by which the original terms of the said contract are changed.
Feasibility Study — a professionally prepared and researched study which minimizes risks by identifying pitfalls or pinpointing such things as hidden opportunities in intended markets. A completed feasibility study is the foundation for subsequent business planning and development.
Force Majeure — an Act of God, a situation that could not have been reasonably foreseen, avoided or overcome.
Fraud — harming someone (by obtaining property or money from him) after leading him to believe something which is not true.
Good Faith — Having honest intentions.
Higher People's Court — court of the provincial level immediately under the Supreme People's Court.
Implementation — To carry out an undertaking, agreement, to put into effect.
Infraction — a minor violation of the law that is punishable only by a fine, ie, a traffic or parking ticket.
Injunction — an authoritative order, especially a written order from a law court, demanding that something shall or shall not be done.
Inventiveness — one of the three requirements that a patent for a invention or utility model must possess. Inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents notable progress or that the utility model has substantive features and represents progress.
Invention — "Invention" in the Patent Law means any new technical solution relating to a product, a process or improvement thereof.
Inventor — refers to any person who has made creative contributions to the substantive features of the invention for which the patent application is filed.
Judgment — legal decision or official decision of a court.
Judicial Interpretations — an interpretation of the decisions made by a judicial system.
Lawyer — An agent or representative of another given authority to act in that person's place and name.
Licensing — a contract giving written permission to use an invention, creative work or trademark. A license provides a way to make money from an invention or creative work without having to manufacture and sell copies yourself. By licensing an invention or work to a company, you get money in the form of royalties in return for allowing the company to use, produce and sell copies of your invention or work.
Litigation — activities to solve a dispute through legal proceedings according to the law.
Lobbying — to try to influence the members of a law-making body to get a law passed or rejected.
Mediation — a dispute resolution method designed to help warring parties resolve their own disputes without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge in a courtroom or an arbitrator conducting a binding arbitration, the mediator does not have the power to impose a solution. No formal rules of evidence or procedure control mediation; the mediator and the parties usually agree on their own informal ways to proceed.
Merger — the union of two or more commercial interests or corporations.
Merger — an absorption of one company, or one contract, into another, or of a minor offense in a greater.
Mispresentation — a false statement which creates an impression in the mind of another person which is not in accord with the actual facts of the situation.
Notary — a person authorized to attest to and certify certain types of documents in order to take depositions, and to perform certain acts in commercial matters, such as protesting commercial papers.
Novelty — one of the three requirements that a patent for a invention or utility model must possess. Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the patent administrative organ under the State Council an application which described the identical invention or utility model and was published after the said date of filing.
Open-Door Policy — used to describe China allowing industrial and commercial privileges to the international community within the PRC.
Opposition — an application raised by a third party to oppose the registration of a trademark application which has passed the preliminary examination and has been published in the Trademark Bulletin.
Patent — a legal monopoly granted by the relevant government body, for the use, manufacture and sale of an invention.
Patent Administrative Authority — these authorities under the people's provincial governments, autonomous regions and municipalities directly under the Central Government are responsible for the patent administration work of their own administrative areas.
Patent infringement — violation of a patent. This occurs when someone exploits a patent without the authorization of the patentee. Exploit means make, use, offer to sell, sell or import the patented product; or use the patented process or use, offer to sell, sell and import the product directly obtained by the patented process, for production or business purposes.
Patent License — any entity or individua1 exploiting the patent of another must execute with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent. The licensee has no right to authorize any entity or individual, other than that referred to in the contract, to exploit the patent.
Patent Re-examination Board — established under the State Intellectual Property Office, the Patent Reexamination Board is in charge of the reexamination requests regarding invalidations or re-examinations of patent applications or patents.
Patentee — owner of the patent rights for invention, utility model, and design.
Plea — answer made by a defendant to the case presented by the plaintiff.
Practical Applicability — one of the three requirements that a patent for a invention or utility model must possess. Practical applicability means that the invention or utility model can be made or used and can produce effective results.
Product Liability — The liability which a manufacturer or seller shall bear to the consumer when selling a product.
Profit — the amount received for a commodity or service in excess of the original cost..
Provisional Regulations — a temporary governmental order having the force of law.
Real Estate — land, including all the natural resources and permanent buildings on it.
Renew — to arrange for the extension of a statutory right, ie. the exclusive right of a trademark.
Retainer — a fee paid in advance to a lawyer to secure his/her services.
Security — a document indicating ownership or creditorship; a stock certificate or bond.
Service Invention — an invention-creation, made by a person in execution of the tasks of the entity to which he belongs or is employed by, or made by him by mainly using the material and technical means of the entity is a service invention. For a service invention-creation, the right to apply for a patent belongs to the entity. After the application is approved, the entity shall be the patentee.
Special People's Court — specific courts in the People's Republic of China, ie. the Railway Court in charge of cases related to railways or the Maritime Court in charge of cases related to maritime affairs.
Supreme People's Court — court of the highest level in the People's Republic of China.
State Intellectual Property Office of P.R.C. (SIPO) — the government body responsible for nationwide patent work, receives and examines patent applications and grants patent rights for inventions/creations that conform with the provisions of the Chinese Patent Law.
State Company with Exclusive Investment — a limited-liability company set up with exclusive investment from organs into which investment is made with state authorization or departments authorized by the state. According to the Company Law, companies designated by the State Council to make special products or those in special sectors must take the form of state companies with exclusive investment.
Sue — to take someone to court or to start legal proceedings against someone to obtain compensation for a wrong inflicted on your person or property.
Suit — case in a law court; prosecution of a claim.
Taxation — revenue gained from taxes.
To Review — to reexamine (an action or a determination) judicially, especially in a higher court, in order to correct possible errors.
Trademark — a word, phrase, logo, symbol, color, sound or smell used by a business to identify a product and distinguish it from those of its competitors.
Trademark Bulletin — an official and professional Bulletin periodically issued by the Chinese trademark authorities in order to inform the public about trademark matters including preliminarily examined trademarks, trademark registration, change of registrant's name and address, trademark assignment, trademark licensing, trademark cancellations, etc.
Trustee — the person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust can also be the trustee.
Trustor — refers to a person who creates a trust. Can also be called a Settler or Grantor.
Unfair competition — an term describing commercial activities that confuse or deceive the public about the sale of products or services. It refers to activities as trademark infringement, false advertising and theft of trade secrets. If a court finds that an activity constitutes unfair competition, it will generally award money damages to the person or company harmed by such activity.
Utility Model — utility model in the Patent Law refers to any new technical solution relating to the shape, structure, or combination of a product, which is fit for practical use.
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