The filing of a model in China is necessarily a national deposit that can last up to ten years (against 25 years in Europe).
As in Europe, one of the conditions of validity of the model is its novelty, that is to say, the absence of prior disclosure wherever and whenever!
One disadvantage, however, is that a disclosure made by the applicant has a grace period during which the earlier disclosure by the owner of the model does not destroy its novelty.
This exception exists in Europe and applies to any disclosure made by the holder in the 12 months preceding filing. On the other hand, it is valid in China only for disclosure made within 6 months of filing.
It is therefore crucial to integrate the issue of model protection before any form of disclosure in order to develop a protection strategy adapted to geographical needs and constraints. Failing this, products created in Europe but manufactured in China may find themselves deprived of protection in this territory when this period of 6 months has passed.
How to defend a model in China?
No counterfeiting action based on a Chinese model, without an "evaluation report" of the counterfeit model, which consists of a thorough study of its validity, including its novelty.
This document is necessary to enforce its rights before the courts and may constitute a very strong presumption of validity of the model which incites the judges to render decisions favorable to the holder.
This article is illustrated with a work for which we received the kind permission of Mrs. JJ DALIBARD, http://jjdalibard.wixsite.com/gilda-b,
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