— 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
The recent U.S. bans on Chinese technology companies (by adding them to the U.S. Export Administration’s Entity List) are not new but are a continuation of ongoing concerns with Chinese government deficiencies. This is the same Chinese government that requires Chinese organizations “support, cooperate with and collaborate in national intelligence work,” accelerating China’s great technological
Presidents Xi and Trump prepare for a meeting next week at the G20 event with the purported goal of restarting negotiations to resolve the Section 301 tariff dispute and other trade issues between the U.S. and China. Many analysts and business people from both countries are confident this meeting will lead to resolution. Unfortunately, this
Whenever clients ask about filing a trademark in China via the Madrid System, my answer is simple: filing a national application directly with the Chinese Trademark Office (CTMO) is better. The Chinese trademark system is complicated: at once idiosyncratic and highly regimented, and overseen by capricious examiners. But the one-size-fits-all Madrid application elides all of
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
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
An article titled, Kickstarter Prototype to Production: $100K is not Enough, is getting a lot of play on Linkedin among the China manufacturing crowd, with those I know who know China manufacturing agreeing with it. The article provides compelling reasons why getting an electronics product manufactured in China will nearly always require more than $100,000.
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
The purpose of a trademark, from both a legal and branding perspective, is to identify the source of goods. It follows, therefore, that the best trademarks are both memorable and distinctive. You want people to associate your brand with your company, not confuse your brand with other brands. You also want to make sure your
In the past few months, our China lawyers have been seeing something new and troubling with China licensing agreements. Before I explain, let me step back and give a bit of history. This post is important so please stay with me. In a typical China licensing deal the foreign licensor grants the Chinese licensee the
