A Simplified Version of China’s Trademark & Encryption Law

trademark registration in China

Every factory over there has experience creating and assembling many different types of products. They may have already made a product that is very similar to yours and they can draw on that knowledge. Manufacturing in China also gives you the advantage of geography by placing your products near fast-growing Asian markets, which can be a huge advantage if your business plan includes selling in these Asian countries.

While the Beijing, Shanghai, and Guangzhou IP courts and the IP tribunal of the Supreme People’s Court can only adjudicate civil and administrative IP cases, the specialized regional IP tribunals can adjudicate civil, administrative, and criminal IP cases. It is the Chinese government’s view that the intellectual property protection system plays a significant role in promoting progress in science and technology, enriching the culture, and developing the economy.

 

Chinese Character Trademarks

In China, the Chinese language version of your brand can be just as important as the English language version. If you don’t have a Chinese version of your trademark, you are strongly advised to create one and register it. Otherwise, the local market will create one for you and someone else might register it. It should be noted that the CTMO considers foreign equivalents of marks during the examination process. Chinese written language is comprised of characters, each of which not only has a sound, but also a meaning. There is both a “traditional” set of Chinese characters and a modern, more simplified, set of characters having fewer strokes. China is currently using the modern version. So, it is advised to seek assistance from a trademark attorney for registering a trademark in China.


China’s encryption law-

According to DLA Piper, the new encryption classification: encryption products, technologies, and services will now be categorized into three tiers: “core”, “ordinary” and “commercial”. The first two tiers will be used to protect “state secrets”, and so will be more heavily regulated than the latter (i.e., state-monitored security assessments and audits may take place during the development, implementation, and maintenance of such technologies; and it appears that only local PRC vendors may be entitled to sell and provide such technologies). It is anticipated that most businesses will only be dealing with “commercial” encryption, but organizations will need to check this is the case.

 

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.

 

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A Complete Guideline on Developing Proprietary Products in China

 

China Manufacturing

Proprietary products or services allow businesses to develop customer loyalty and continuously build on their offerings. When you’re taking advice from the financial institution on the purchase of proprietary products, check if the institution promotes third-party funds. You may be limiting your chance of building your asset with the institution if it only offers proprietary products.

It is suggested to enquire what will happen to the asset if you move your account away from the institution that issued it. There are proprietary investments that are not portable. As a business owner, you might have to sell them before going to another firm. This may result in a capital gain/loss.

 

NNN agreement could prove to be a vital element if you wish to produce your proprietary products in China. NNN agreement should be written to be enforceable in a Chinese court with jurisdiction over the Chinese defendant. This means that Chinese law is the governing law, Chinese is the governing language, and exclusive jurisdiction is in a Chinese court with jurisdiction over the defendant. the China-specific Non-Disclosure, Non-Use, and Non-Circumvention Agreement (NNN) and accompanying Original Equipment/Design (OEM/ODM) Manufacturer Agreements. These agreements are used to protect your confidential information and to prevent your Chinese manufacturer from competing with you or going around you to your customers or vendors. In other words, they make sense for almost every company doing business with China.

 

Protecting the IP and Trademark of your Proprietary Products

China has become one of the world’s major IP jurisdictions. Innovation and IP protection have been encouraged by the Chinese government. Foreign companies can register IP in China for trademarks, patents, designs and copyright. However, each of these is administered by a different government body. The primary law in China pertains to copyright. This protects copyrighted works of foreigners that are either first published in China or in countries that are signatories to the World Intellectual Property Organization (WIPO) copyright protection treaty.

 

Manufacturing price that sounds too good to be true might be a trap for the scammers. Inexperienced importers fall victim of the deception and select the cheapest price. They have no idea that this move is going to cost them dearly at the latter stages. Most of the time foreign importers are lured with amazing product images and unrealistic assurances by the manufacturers and the importers went on to make the deposit without visiting the factory.

 

Dispute Settlement

Under the international trade law, there are different provisions for dispute settlement which is done with the help of WTO and GATT. It was governed by Article XXII and XXIII of the GATT, which set up a system of consultation for the settlement of disputes among the member nations. The dispute settlement system evolved over time, and there were additional documents, and legal instruments were created to incorporate changes. Even with certain changes, the dispute resolution mechanism was not considered satisfactory. International Trade laws deal with certain subjects which are inclusive to all the member nations under the WTO.

 

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