The article examines the specifics of the individual stages of the trademark application registration procedure at the Trademark Office of the People’s Republic of China, and draws parallels with the specifics in the Russian Federation. Special attention is paid to the comparative legal analysis of Chinese and Russian legislation, including differences in approaches to registration of non-traditional trademarks (for example, color marks), procedural deadlines, resolution of collisions during simultaneous filing of applications and the institution of pre-use. The relevance of the work lies in the possibility of both applied use in building a brand registration strategy in China, and the doctrinal development of legal thought to improve Russian legislation, in particular, the author notes preventive mechanisms against patent trolling. The article is of interest to experts in the field of intellectual property law, entrepreneurs working in the Chinese market, and specialists studying foreign experience in combating counterfeiting. The key findings may be useful for improving the Russian legal system in the field of trademarks.

China’s legislation is being improved to meet modern needs of society in protection of intellectual property. The theory of Chinese law considers not only the protection of trademarks, but also the protection of those designations that have become widely known as a result of their use. At the same time, the competition of such designations with trademarks can lead to an imbalance in the protection of rights. The relevance and novelty are due to the fact that studying the practice of applying certain measures in the field of human rights protection, including in legislation and the law of other countries, will reveal their features. The work used such research methods as search, analysis, systematization, and comparative jurisprudence on the topic under study. The theoretical and practical significance is determined by the relevance and conclusions about the need to improve the regulation of relations in the field of trademark rights protection. The work resulted in conclusions about the effectiveness of legal measures aimed at protecting trademark rights and unregistered designations that have become widely known in China. The variety of court decisions made in similar categories of cases, insufficient legal regulation of the use of well-known designations, and conflicts of interest with trademark holders lead to some legal uncertainty. China’s Trademark Law provides for the possibility of providing judicial protection for a violated right to an unregistered, well-known designation. The introduction of judicial supervision makes it possible to ensure the relationship between the state system and society. The trademark control procedure encourages and ensures the faithful fulfillment of obligations. Judicial control helps to eliminate legal uncertainty. At the same time, there is a need to distinguish between the concepts, methods of trademark protection and the designation that has become well-known, since there are still controversial issues of theory and practice of rights protection.

The article is devoted to the results of the study and comparative analysis of patent legislation and practice of the patent system of the People’s Republic of China and the Eurasian Patent Office. This analysis is relevant for the improvement of the Eurasian patent system. The purpose of the study is to develop proposals aimed to improving the Eurasian patent legislation. The novelty and practical value of the article lies in the comparative analysis of the legal and practical aspects of patenting inventions in the People’s Republic of China and the Eurasian Patent Office, and in conclusions that the regulatory framework and practical approaches in assessing the patentability of inventions, including selective ones, have much in common. Also, the practical value of the article lies in the proposals for the development of new legal dispositions for their inclusion in the regulatory framework of the Eurasian patent organization. In this article we propose to consider the most interesting norms and methodological approaches in assessing the patentability of inventions.

At present, when special attention was paid to the exchange of the latest technologies between Russia and China, the problems of mutual patenting of inventions and utility models are becoming especially urgent. Practice shows that the level of mutual patenting does not yet fully correspond to the pace of development of economic and technical cooperation between the two countries. One of the reasons for this is the insufficient study of the PRC experience in relation to the specifics of the PRC patent system, as well as the insufficient awareness of Russian applicants about the features and requirements for patenting these objects in this country. This determines the particular relevance and necessity of a more in-depth study of the main provisions and norms of the Patent Law of the PRC and the practice of its application. The purpose of the study was to consider the main stages and factors of the formation of the patent system of the PRC, including measures of state support for its development, as well as stimulation of filing patent applications and the creation of additional legal mechanisms aimed at the implementation and use of inventions and utility models. The work was carried out by using general scientific methods of formal-logical, comparative and systemic analysis. The result of the authors’ work was a systematic and comparative presentation of a large volume of information material concerning the procedures and requirements for filing and examination of patent applications, as well as performing post-registration procedures. Specific features of Chinese legislation are considered in particular in comparison with Russian norms. Some basic recommendations for choosing the most optimal approaches and options for patenting are given. The results of the work may be of interest both to developers of regulatory documents and to persons involved in specific issues of foreign patenting.

The focus of this article is set upon analysing activity of the Chinese resident companies registered in the industrial park “Great Stone” in the Republic of Belarus. The author studies current performance of the Chinese companies contextualised by options of technologies transfer most in demand into the Republic of Belarus to meet the needs of import substitution, later filing of intellectual activity results and efficient use of this park geographical location for the benefit of the Belarusian national economic development. Research methods in use are analysis and synthesis, comparison and patent search. Patent search and analysis of patent information segment of registered inventions and trademarks of the industrial park Chinese residents was done with a 15-year step in the National Center of Intellectual Property of the Republic of Belarus, EAPATIS and PATENTSCOPE databases. The key research finding is identification of the two largest Chinese companies from the global market, which are Huawei Technologies CO., LTD and ZTE Corporation, with their operational activities in the Republic of Belarus to be most prospective filing applicants for patents for inventions and trademarks certificates. As a result of this study the author gives practical recommendations for further industrial park development planning and support to registered Chinese companies by using WIPO methodology of spreading geography of innovation in local hotspots and global networks. This publication can be useful for experts in innovatics, technology transfer and commercialisation of intellectual activity results. Additionally, this data can be employed as a contributive part for concepts, strategies and legal acts elaborations in innovative development.

The availability of information on traditional knowledge and genetic resources, as well as their legal protection, are among the most discussed topics at the annual sessions of the World Intellectual Property Organization. This is due to the fact that there are cases of challenging already issued patents and their cancellation due to the known nature of the information disclosed in sources containing information on traditional knowledge and genetic resources. This work examines the results of the work of the World Intellectual Property Organization in the field of protection of traditional knowledge and genetic resources, namely, an international document in which the signatory countries establish a requirement for compliance with the condition of indicating in patent applications the sources of information that disclose the information used in the application on traditional knowledge and genetic resources. The legal and technical readiness of the member countries of the Paris Convention for this requirement of the World Intellectual Property Organization is studied. An analysis of existing databases on traditional knowledge and genetic resources, including separately the databases of the Russian Federation, is carried out; their search capabilities are studied, their advantages and disadvantages are identified. Recommendations have been drawn up to eliminate shortcomings related to the technical and information support of databases on traditional knowledge and genetic resources in the Russian Federation. The results of the work will provide creation of universal search arrays on traditional knowledge and genetic resources and strengthen the readiness of the Russian Federation to meet the new requirements of the World Intellectual Property Organization.