Why it Makes Sense to Hire a China Patent Attorney
A patent is a techno-legal document. Many foreign inventors trying to write a patent application on their own write it from a completely technical perspective. Writing a patent application as a technical document without considering the legal aspect may be a mistake that can make your application not properly covering the scope of the protection. None can predict exactly how difficult it will be to get your application allowed after filing and each round of argument is expensive. Depending on the technology area, it can take 2-4 rounds of argument on average, but there are some who take far more or less with you paying for each round.
Chinese effective litigation entails fast and decisive action especially in terms of property seizure and pre-judgment relief. Now employing Chinese arbitration instead of litigation is preferable due to the delay in the entire litigation process because of foreign law and language. In the case of governing law, the Chinese court will always require the foreign party to prove that this is the relevant foreign law. Now proving law is expensive and time-consuming. The same delay is applied to a foreign language because the court will appoint an incompetent translator to translate the document drafted in a foreign language. This only adds to the existing complication.
Difference between Chinese and English Documents
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.
Winning an IP case in China is equivalent to winning a case in the International court–
The remarkable significance of winning an IP lawsuit case in China is that the verdict stands legal in any part of the world. Here is an example to make you understand this entire thing in a simple way.
“Jack manufactures J-Shoes in China and he is the original IP holder of J-Shoes and his competitor Jill also makes shoes in China with the name JJ-Shoes. If Jack’s company makes shoes at the most competitive cost in China and if he prevails on an IP lawsuit case against Jill in a Chinese court, then Jack can completely block JJ-Shoes from the worldwide market.”
That’s why China lawyers encourage their foreign clients to register their trademarks and their patents in China. Before someone else banish them from manufacturing in China, companies can remain secure by registering their trademarks in China.
A number of federal, state, and international laws now govern e-commerce, which can involve complex contract and tax issues, security, and privacy issues. Because technology changes quickly, the laws regulating it are new and developing. Each type of e-commerce company is required to abide by certain laws and regulations just like any other business and can run into legal issues that require help from an experienced e-commerce lawyer. The laws that apply are numerous and can be complex.
In less than a decade, China has become the largest and most dominant e-commerce market in the world, accounting for over 40% of global e-commerce activity. The E-Commerce Law of the People’s Republic of China (E-commerce Law) was enacted on August 31, 2018. One of the hottest topics is e-commerce platform operators (EPOs) liability for third-party patent infringement. The EPOs, which provide platform services rather than participating in a trade directly, must try to maintain the balance between patentees and social interests.
According to the China Briefing, the following terms are key to understanding what types of businesses and business operations will be impacted by the legal provisions relating to e-commerce in the PRC Civil Code.
- E-commerce business operators: Consists of e-commerce platform operators, business operators using the platform, and other e-commerce business operators.
- E-commerce platform operators: Refers to legal persons or non-legal-person organizations who provide online business premises, transaction matching, information dissemination services, etc. for both parties or multiple parties in e-commerce transactions to facilitate both or multiple parties in carrying out transaction activities independently.
- Business operators using e-commerce platforms: Refers to operators selling goods or providing services through an e-commerce platform.
- Other affected business operators: Refer to operators selling goods or providing services through their self-built website or other network services other than an e-commerce platform.
Take Down Becomes Easier with the China E-Commerce Law
The new law provides a framework for “notice and take-down” procedures which are already enshrined in existing regulations and are already provided for by most e-commerce platforms in China. There has been much discussion as to the nature of the “preliminary evidence” needed to be included in any notice and whether this increases the burden on IP owners. However, since this is not a new concept, we do not expect this to be very different from the notice requirements currently used in practice in China or under other international notice and take-down systems.
Businesses attempting to tie in other goods and services into consumer transactions must draw the attention of consumers to this practice and are prohibited from applying default consent to force such purchases. In addition, all online advertisements must comply with all relevant advertising laws in force in China.