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.