Whether you are an experienced or a new entrant, doing business or growing business in China, it is highly important to be able to point out the issues properly deal with these differences. The effect of increased wealth and consumer spend in China is already being felt around the world. Intellectual property rights is an area that has been notoriously difficult in China, although recent reports suggest this is an area that is improving the most. It is always a good idea to have a Chinese law firm by your side while doing a business in China.
Legal Protection Provided by the Chinese Law Firms–
All the major global companies are looking to derive profit by selling their products and services to the Chinese people. However, they have to face challenges which are completely different from the one they face in other countries. Patent protection and other legal issues are some of the key areas of discussion. The Chinese law firms that offer exclusive patent protection consultation could play a vital role in safeguarding your business interests in China. Patent attorneys of Chinese law firms can greatly increase the corporate value of your company or brand. That’s why conducting thorough due diligence before appointing the right China patent lawyer is an important decision in terms of your business. You need to know more than where a patent lawyer went to school and what they studied.
IP and Trademark Protection Provided by the Chinese Law Firms–
China is a modern country with a reasonably well-developed legal system. Receiving any kind of favor from the court should be done through the legal system only and not resorted the legal system of other countries. This is especially true for arbitration from foreign courts. Though some foreign organizations stick to rule number one, they often flout the second and third rule and use English as the court language. They argue that Chinese law allows for the foreign companies to choose their law as well as choose the language to sue the Chinese organization. Of course the law must be related to the business or the transaction made between the parties. The reason being that Chinese civil law drafters believe in party autonomy which empowers business parties to take decision pertaining to the business. However, the real world such decisions make even a written document unenforceable.
The infringement of intellectual property rights and other commerce-related rights such as trademark, patent or copyright and commercial secrets are quite common in China. Business owners from the U.S. and Europe need to be extra-cautious while doing business in China. An attorney of the Chinese law firm is the right person to rely on for all your legal aids.
Always remember to get the Chinese documents verified by your Chinese lawyer because there is a difference between the English and the Chinese versions. Moreover, the English version does not hold true in the Chinese court and hence getting it documented in Chinese is absolutely necessary. Also, they will require more time to prepare a contract that can protect both the parties and particularly the foreign party from ending up in a soup.