We have long advocated for prompt China trademark registration. For companies that manufacture and export from China, registration of the English language trademark is essential. For companies that sell products and services in China, registration of the existing English language marks and the Chinese language marks for the product is essential. China now has the
Virtually every Non Disclosure Agreement (NDA) our China lawyers see is defective. One of the things that most frequently makes them defective is that they call for disputes to be resolved in a U.S. court. The problem is that Chinese courts do not enforce US court judgments and so even if the American company prevails
When we first started this blog way back in 2006, we would constantly write how if you want to protect your IP in China, you have to register your IP in China. Our thesis was (and is) that if you don’t bother registering your IP in China, you really have no right to complain about
Just got my third email this week from someone who bought tens of thousands of dollars worth of “iPhones” from someone in China, only to receive fakes. All three emailers were so blinded by the idea of buying iPhones at ridiculously low prices that they did nothing to make sure the sellers were legitimate, which
Got an email from an attorney/client/friend yesterday with a link to an IndustryWeek Article (Why Is China Cheaper?) and a note saying that I needed to give this “CLB’s dumbest article of the month award.” We do not actually have such an award (should we?) so for that reason alone, it is not in contention.
The International Business Law Advisor Blog did a post, entitled, 6 Key Provisions You Should Include in Your International Licensing Agreements. I borrow extensively from that post for this one, but tailor it more towards China. I list out IBLAB’s tips in bold and then provide its explanation in normal font. My comments in italics
Learn why standard NDAs don't work in China and how China-specific NNN Agreements—non-disclosure, non-compete, non-circumvent contracts—offer superior protection for your IP. Essential for manufacturers and anyone doing business in China.
