Intellectual Property Rights Summary

China's Trademark Law and the implementing regulations of the Trademark Law handle the registration process in China. State administration for industry and commerce (SAIC) has trademark office under his regulation. SAIC is a government authority for the registration of trademarks in China. Trademark related matters are managed by trademark management office under SAIC, while trademark affairs is been set up in various major cities.

Dispute related to trademark is taken care of by trademark review and Adjudication Board. The process of protection of exclusive registered trademark is carried out by provincial-level administration offices for industry and commerce. The foreign Enterprise should file an application for trademark registration with relevant agreement made between the foreign country and china. Trademark registration in China can be applied directly or through trademark agents by Foreign-Invested Enterprise.

Agent designated by the state to handle trademark registration for foreign parties should be appointed by Foreign Enterprises. Registered trademark validation period is 10 years which starts from the date of approval of the registration. The renewal validation period more 10 years this starts straight from the day of expiration. Renewal should be made prior to six months of expiration. A grace period of six months is granted if no application is made for renewal.

Interested parties may resort to mediation, if the IPR infringement dispute arises. If mediation has failed or if it's not a preferred or if the outcome to mediation is refused by any of the interested parties, legal proceedings may be instituted with the people's court. The interested parties can also ask for relevant administration authorities for action. After negotiation on agreement by the parties on equity or contractual Enterprises, the Chinese party should submit the report to the local foreign trade and economic corporation department.

Before submitting to the national development and reform commission for approval, the report is examined by the provincial development and reform committee for projects under the encouraged and permitted categories with an investment exceeding US$ 100 million and projects under the restricted category with an investment exceeding US$ 50 million. Basic facts about the project, type of processes, demand of resources, environment impact assessment, prices of services involved, financing plans and sources of capital contribution should be included in the application report.

The documents required are Enterprise registration certificates of the Chinese and foreign investors, credit certificate, letter of investment intend, environment impact assessment report. Documents required are feasibility study report and approval documents for project, approved registration name, written comments on projects by various government department, business licences of the parties, list of board of directors and contract duly signed by the legal representatives of the joint venture parties.

ESL market in China is huge due to globalization and business going international. While studying the ESL market of China the plan of expanding the business internationally, by developing ESL training centres in China, Shakespeare Inc. has a bright prospect. This report shows that ESL training market in China is a profitable industry in China and is estimated to increase more in future. The point that should be kept under consideration while implementing the plan is:

In China, in past many years market entry of a foreign company on its own had very little success and most of them are failed, so Shakespeare Inc. should undertake Sino-foreign equity or contractual joint ventures which help to minimize political risk due to awareness. It gives advantage over local competitors. Market capture becomes easy due to already developed market. Venture of a foreign company and local company creates effective impression on learners mind. Cost cutting can be achieved; new ideas and ways of learning can be implemented.