China Copyright Protections China copyrights without registration Copyright stands out from other intellectual property rights for the protections it enjoys without registration, including in China. For trademarks, the only pathway to protection for an unregistered mark in China is by meeting the narrow definition of a "well-known trademark." By contrast, even works created outside of
China Business Dinner Etiquette as Though it Matters Ten years ago, I'd often get asked about Chinese business dinner etiquette. Back then, "everyone" was going to China, and many were terrified about messing up. I would try to calm their nerves by explaining how etiquette is less important in China than it is in Korea
You registered your trademark in China, meaning congratulations are in order for having taken this critical step to protect your intellectual property. Now, how do you leverage your trademark registration for maximum effect? Here are some tips: 1. Record Your Trademark with China Customs Recording your registered trademark with China Customs is an important safeguard
China Distribution Relationships We have written recently about the trend in China business as companies move away from joint venture relationships toward distributor relationships. This is happening with Chinese manufacturers and their non-Chinese distributors in the distributor’s home market. This is also happening in China with Chinese distributors or representatives and the non-Chinese manufacturers and
China's Current Business Climate: Questions Answered Because of our vantage point as an international law firm, we frequently get asked questions by boards of established companies, startup founders, regulators, and reporters. Below are some of the questions about China we have received lately. What is the threat level for foreign individuals and companies doing business
Understanding Apostilles Apostilles are certificates issued by governments in accordance with the 1961 Apostille Convention, which confirm the authenticity of documents. A document apostilled by Party A is considered authenticated by Party B, without a need to legalize or authenticate the document at a Party B's embassy or consulate. The Apostille Convention enters into force
Offshore companies are widely used by businesses and individuals for a variety of purposes. So pervasive is their use in China that even smalltime accountants in Hong Kong offer incorporation services in jurisdictions like the British Virgin Islands (BVI). While there is nothing inherently wrong with the use of offshore entities, you should be wary
Protecting Your Brand Name as Manufacturing Leaves China The recent decade-low in China's manufacturing exports has pushed many Chinese factories into survival mode, leading to an escalation in trademark theft incidents as they seek new revenue channels. The ongoing trade skirmishes between China and economic powerhouses like the United States and the European Union have
The Importance of Accurate Contract Translations Your contract with your Chinese co-party is your key to a successful China venture and your lifeboat should the business relationship go awry. That being the case, I am always amazed how often people essentially ignore the translation of their contract. Inaccurate contract translations can both generate more disputes
Plus ça change, plus c'est la même chose, meaning "the more that changes, the more it's the same thing," is a phrase coined by Jean-Baptiste Alphonse Karr, a French novelist and editor, often shortened to plus ça change. When it comes to doing business in China, it sure seems to be that way, with businesses tripping
