Fake, Woeful, and “Captured” China Lawyers From non-existent “lawyers” to legitimate ones with limitations on confidentiality, navigating China’s legal landscape has become increasingly risky. Rising tensions between China and the West have fueled a surge in fake lawyer scams, with unsuspecting SMEs often drawn in by unrealistically low fees. But this bargain-basement approach often backfires
When someone emails one of our international manufacturing lawyers asking us what they should be considering to protect themselves when manufacturing overseas, we typically respond with something like the following: Our clients that manufacture product in China/Vietnam/Mexico/India/Thailand/Taiwan/Malysia (or wherever it is they are asking about) typically use us for some or all of the following
Trademarks are not limited to words or drawings and can include sensory marks such as colors, smells and sounds. In the US, the USPTO recognizes sounds as trademarks if the sounds make you think of a company’s product or service. MGM’s roaring lion, Homer Simpson’s D’OH, and 20th Century Fox’s fanfare are all famous sounds
As many readers of this blog already know, words in Latin script (including, of course, English words) can be registered in China as trademarks. But can you register Chinese character trademarks in the United States or the EU? This is an important question for Chinese brands, of course, but also for US and EU brands
1. Chinese Manufacturers Will Copy and Sell Your Products; It’s What They Do Literally every single day this past week, the international IP lawyers at my law firm received at least one email from an American/European/Australasian company on how their Chinese manufacturer was selling their products at wholesale and/or at retail to others. These emails
If you are going to manufacture your products in Asia, you need to register your brand name and your logo as a trademark in whatever Asian country you are doing your manufacturing. And as we have been saying for years and years, there are no ifs ands or buts about this. But in addition to the
1. Selling Your Products on Chinese E-Commerce Sites With China accounting for half of the e-commerce transactions in the world, non-Chinese companies are enjoying some of the spoils. According to Alibaba, U.S. companies sold $5.4 billion in goods on its sites during the recent Singles’ Day shopathon. This success is partly due to Alibaba’s own
George Santayana once said: “Those who cannot remember the past are condemned to repeat it”? Although the line was not about Chinese trademark law, it might as well have been. We have been beating the drum for years about registering trademarks in China (see here and here for a representative sample), but every time I start
Yesterday I attended a USPTO webinar, How the U.S. government can help companies protect and enforce their IP in China. It was informative and I highly encourage anyone interested in IP protection in China to attend future webinars. Moreover, it brought back memories of my own stint in the government helping American companies protect their
Virtually every has intellectual property requiring protection. Let’s first get clear what we mean by “intellectual property.” IP is not patents, trademarks, copyrights, etc. These are simply tools for protecting intellectual property. So what is intellectual property? A better term might be intangible property or intangible assets. This includes everything about your business that has
