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FORUM - Intellectual Property Rights

foreign patented product produced in China

31 Jul 2010 15:13

1

A foreign company designs and legally patents a novel product in his home country and then sources the manufacturing of that product through a mainland Chinese manufacturing company.  Later, that Chinese company then patents the same product in China before the foreign company.  In that situation, can the foreign company only import or purchase that product from China through the Chinese company who patented the product in China?

 

*Everything I have read regarding the above issue is about the domestic sales of the patented product in China, not about the relation between the original patent holder in the foreign country and the patent holder in China regarding export of the patented product to the foreign country.

 

Any insight is very much appreciated.

Post 1 of 2
Moderator

02 Aug 2010 09:53

The TDC has published a Guide to Doing Business in China featuring detailed information about application of patent in the mainland. Please click here for details.

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