How to License Your IP

How to do Business with China Without Having to go to China: Licensing Deals

Both here on the blog and in real life with our clients, our China lawyers are always touting the benefits of licensing products, intellectual property, brands, technology and content to China. Licensing deals make sense under many circumstances, but they make particular sense in situations where it is difficult or impossible to get your product,

China IP Protections

China's New Foreign Investment Law and Intellectual Property Protections

Contents of this Article: How the new Foreign Investment Law will change intellectual property rights for foreign companies in China Overview of foreign direct investment (FDI) protections for intellectual property rights (IPR) in mainland China FDI Reform: the New National Statute Will Overhaul Current FDI Protections for IPR The FIL Overhaul Will Maintain and Build

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NDAs Do NOT Work for China but NNN Agreements Do

A conventional Western NDA often focuses on the wrong risks for China manufacturing. A properly drafted China NNN Agreement goes further by restricting competitive use, unauthorized disclosure, and circumvention—and by addressing the parties, forum, language, and remedies that matter if something goes wrong.

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China's New Cybersecurity Program: NO Place to Hide

The Chinese government has been working for several years on a comprehensive Internet security/surveillance program.  This program is based on the Cybersecurity Law adopted on 2016. The plan is vast and includes a number of subsidiary laws and regulations. On December 1, 2018, the Chinese Ministry of Public Security announced it will finally roll-out the

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China’s Intellectual Property Courts: A Procedural Overview

-- Protecting Innovation in an Innovative Way: What are China’s IP Courts? After decades of engagement between US and Chinese legal experts on reforming IP protection in mainland China, Chinese IP courts were first pioneered in 2014 in Beijing, Shanghai, and Guangzhou (see the National People’s Congress (NPC) Decision of Establishing Intellectual Property Courts in

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The Canton Fair: Find Out What's Happening with Your IP

Old pirates, yes, they rob I Sold I to the merchant ships -- Bob Marley's Redemption Song 1. The Canton Fair The 125th Canton Fair will kick off on April 15th. For those unfamiliar with this event (formally known as the China Import and Export Fair), it is China’s largest trade show, held biannually in

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China's New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was

1. China's New Foreign Investment Law Under U.S. pressure, China recently adopted a new Foreign Investment Law 中华人民共和国外商投资法 ("FIL") that had been under discussion for several years. Many believe this law will lead to foreign invested enterprises being treated the same as domestic Chinese private businesses. Unfortunately (and not surprisingly), the existing system that limits

China law -- get a china lawyer. Same with Mexico

Kickstarter and China Manufacturing: You've Got it Wrong

A successful product launch can give a Chinese factory, trademark squatter, or competitor information and leverage you cannot easily take back. Before going public, startups manufacturing in China should secure key IP, protect sensitive information, verify their factories, and lock down development, tooling, and production rights.

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The Huawei Indictments are the New Normal

1. The Huawei Indictments On January 28, the U.S. Department of Justice unsealed two indictments against Huawei. The first indictment concerns ongoing claims against Huawei and its CFO, Meng Wanzhou, for allegedly violating U.S. sanctions against Iran. The second and more interesting indictment concerns alleged trade secret thefts by Huawei's U.S. subsidiary under the direction

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