This post explains how to protect your product from China when having your product made in China. One of the first things our international manufacturing lawyers do when working with a company having products made in China is to figure out the contracts and IP registrations that will ensure our client's intellectual property and other rights will be protected against its Chinese manufacturer and the rest of the world.
International Manufacturing Turmoil Increases International Manufacturing Risks With the increasing risks of manufacturing in China, our international manufacturing lawyers are being contacted by many companies seeking legal help after all has been lost. These are mostly companies that moved their manufacturing to “bad” Chinese manufacturers or to other countries in an effort to reduce their
As I noted in my previous post on China NNN agreements, for enforcement purposes you must make sure your China NNN agreement has teeth. To understand how enforcement works under Chinese law, we need to do a little work. The first point to realize is that the standard approach for enforcing an IP contract under the common law (this is the law in the United States and the UK and most of the British world) has no application under Chinese law. In the common law system, lawyers are mostly concerned with two issues. First, the rule that disfavors liquidated damage provisions. Second, the law/equity distinction that allows only for injunctive relief when a law (damages) remedy is not available.
A new client the other day asked me what it should be doing to protect its IP in China and I asked whether they wanted the ten minute version or the ten day version. Fortunately for the both of us (and not surprisingly), they chose the ten minute version and the below is basically that.
For some brands, trademarking Chinese words or phrases might hit just the right note in terms of image. BBQ pork buns sound appetizing, but describing them as char siu bao provides a special touch. And for established brands from the Chinese-speaking world, Chinese words may already be an indelible part of their identity. Yet the
China NNN Agreements up close. Our China lawyers often receive last minute emails sseeking a China NNN Agreement fast.
For companies seeking access to the China market, an IP license is often the best way forward. However, companies need to be smart about it. Specifically, they should resist the temptation to recycle licensing agreements used in other contexts, and instead use agreements specifically drafted for use in China, taking into account China-specific conditions. 1.
China product development is fraught with risks. This post explains the two main product development models employed by Chinese companies and explains the advantages and disadvantages of both. I am writing about product development here because in my experience and that of my company, the product development stage is both the easiest and mostly likely time for your Chinese counterparty to run off with your IP or even your product.
China presents a wealth of opportunities for foreign gaming companies, but (and this is true of pretty much every IP-laden industry), it also presents substantial risks. This post sets out the basics on how online gaming companies can protect their IP in China via China IP registrations. Though our law firm represents a host (sort-of-pun intended) of online gaming companies, we have been hesitant to write specifically about largely because it is not all that legally different from other industries. But because we have lately been getting emails requesting we do so, we will. Starting now.
My law firm represents many foreign companies that do OEM manufacturing around the world — mostly China, but India, Mexico, Brazil, Vietnam, Thailand, Taiwan, Korea, Malaysia, Indonesia, Bangladesh, and Cambodia as well. In our discussions with our clients that manufacturing in foreign countries, we nearly always discuss what they can and should be doing to
