How you can Pick Up the Best Suited Chinese Law Firm for your Business

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. For foreign businesses, hiring bilingual lawyers is a good idea. In the Chinese legal framework, bilingual lawyers have a competitive edge. If you are going to stick with a law firm long-term, it is absolutely essential that you must know the specialization area of the law firm.

 Explore the ways to select the best Chinese bilingual lawyers who can give you an excellent competitive edge to your business.

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.
he ‘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 you 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.

Things to keep in mind before hiring a Chinese law firm
Experience-Does the law firm has a track record of successfully resolving IP and trademark-related cases? When you attend open days or networking sessions with your desired Chinese law firms engage with the bilingual lawyers, trainees, or associates working there. Remember, people want to see that you are interested in their firms. At this point, you should look back at the list of law firms that you made earlier and eliminate some firms.

Area of Expertise
You should also consider the experience of the China attorney who you are hiring. Here are a few questions that can help you determine whether or not the law firm would provide you with the best attorney to suit your needs:
• What are the areas of expertise?
• How long has the firm been serving clients and who are the clients?
• What percentage of their law practice does business law constitute?
• Do they have Chinese speaking lawyers in their firm?

The Track Record
Ask your China attorney about the results of previous cases that were similar to yours. If a legal matter ends up in court, inquire about their trial and settlement record. Although trials are not the best course of action, your lawyer must be very capable in the courtroom.

Which practice area is most suited to your business
If you are going to stick with a law firm long-term, it is absolutely essential that you must know the specialization area of the law firm. There are many law firms in China that offer exclusive services in one particular area. For instance, there are legal houses that provide only China trademark and patent-related services while others offer services on tech-related issues. Apart from these, you can also find Chinese law firms that offer 360-degree services from trademark to tech. It depends on you which practice area is most suited to the needs and requirements of your business.

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.

Share with friends:

Why Foreign Businesses should Review their China Compliance Policies

Many overseas companies with active business interest in China are in danger of breaking Chinese legislation. With the growing trade escalation between the US and China, it becomes really important to maintain compliance in China. Professional Chinese business lawyers are of the opinion that the Chinese government will implement even more stringent restrictions especially on the US organizations active in China for not maintaining compliance. It is not that the foreign companies willingly avoid to pay attention to compliance, but it is the hard process of maintaining compliance in China that makes them reluctant.

The Report of The American Chamber of Commerce

The American Chamber of Commerce (AmCham) in Shanghai recently released a report on how China’s personal data regulations affect foreign firms. The country’s data privacy regulatory framework falls mainly under the 2017 Cybersecurity Law and its associated standards and guidelines, as well as a litany of earlier sector-specific regulations, like the Commercial Banking Law. Foreign Corrupt Practices Act (FCPA) compliance remains a priority for companies.

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 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.

All the US companies must ensure compliance with a variety of laws designed to prevent bribery of foreign officials and other illicit activity, which is still viewed by many as an undesirable, but common, part of doing business in China. Any China corporate and compliance policy must take account of China’s Anti-trust Law. China’s Anti-trust law is relatively new but it is evolving rapidly and an important area for any China corporate and compliance policy. Therefore, it is important for companies to review their China compliance policies and procedures to ensure they are in the best position to prevent and manage these issues.

Share with friends: