The ‘Chinese Great Firewall’ separates the whole ecosystem in China from the rest of the world, not just in terms of the legal system, but also how people fundamentally receive, process & engage with information. For foreign businesses, hiring bilingual lawyers is a good idea. In the Chinese legal framework, bilingual lawyers have a competitive edge. Businesses simply need to do some due diligence before they pay/hire a China lawyer, especially if you will be paying upfront for something like a China trademark or a China company registration where it may take you years to realize you were duped.
To save your product idea and brand image, money spent on filing trademark registration is a wise decision. Although the process of trademark registration in China is a bit time-taking, the protection and security it offers to your company are simply unparalleled. Even before your trademark is approved, the pending process could also deter counterfeiters to imitate your valued brand. Registering your trademark protects it from anyone that attempts to profit from your marketing and product development. Obtaining a registered trademark for your brand’s IP will allow you to use the registered trademark symbol “®” in the name, logo, designs, slogans, and any words associated with your brand.
Monitor New Trademark Applications
It’s your responsibility to monitor trademark registrations that might conflict with your registered mark. It is a good idea to monitor closely if someone else is trying to bring the same product that might conflict with your one.
Register your IP rights in China
In order to enforce IP in China, foreign firms are required to register their IP in China. Mainland China, Hong Kong, Macau, and Taiwan all have separate legal systems. Protection in each territory requires a separate registration. If you want protection in these territories, you will need to register your IP rights in these territories. China Trademark Office is a Shanghai-based Chinese government-approved agency dealing with IP. You can search the Trademark gazette here, and also file applications (if you have a business registration in China).
Importance of Cultivating a Strong Compliance Culture in China–
Cultivating a robust compliance culture and a strong compliance tone from the top is paramount. Your most important first step to preventing China’s corruption compliance problems is to establish a strong anti-corruption policy that addresses both China’s anti-corruption laws and those of your home country. Under Chinese President Xi Jing Ping’s anti-corruption campaign, the enforcement has expanded to focus not only on governmental officials but also on the business communities. Now Chinese procurators and judges now put more weight on penalizing the crime of bribery.
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.