I have to admit that one of the things I love about both China and Russia is that they take various international days seriously, that nobody even knows about in the United States. I suspect that is due to communism and/or its remnants. Anyway, as part of today’s World Intellectual Property Rights Day (how many… Continue Reading
Tag Archives: intellectual property
The Reverse China Scam. Coming Soon To Your Hometown.
Posted in China BusinessI am constantly giving speeches on protecting intellectual property from China. I used to start that talk with something like the following: If you are doing business with or in China, you have to plan on someone in China making a play for your Intellectual Property. It’s not a matter of if, but when. It… Continue Reading
Register Your China Trademark Or Go Home, Part II.
Posted in Basics of China Business Law, Legal NewsLate last week, we did a post, Register Your China Trademark Or Go Home, screaming about the importance of foreign companies that do business in or with China (including those foreign companies that do nothing more than have their products made in China) registering their trademarks in China. That post was in response to “East Asia Company”… Continue Reading
China IP. The Blog.
Posted in Recommended ReadingTime that I mention a really good and high-level blog that focuses on China IP. The blog is called China IPR and it is headed up by Mark Cohen, a law professor at Fordham Law School. It completely accurately describes itself as follows: ChinaIPR.com is published by Mark Allen Cohen, a Visiting Professor of Law at Fordham… Continue Reading
Innovation In China. They Still Need Us And It Might All Just Work Out Fine.
Posted in China BusinessBy: Steve Dickinson One of China’s primary challenges is fostering technology innovation. The Chinese authorities want China to transform its industrial model from a low value added/low level technology model to the opposite. To combat stagnating economic growth and the threat of energy and resource restraints, government policy is to try to effect this change… Continue Reading
Protecting Your IP In China With An Injunction. Yeah, That’s The Ticket.
Posted in Legal NewsI am always getting emails from people seeking free advice on what jurisdiction/law they should put in their China contract. My answer is always the same: I have no idea. The reason I never have any idea of what to put in someone else’s contract is because the answer always varies based on multiple facts…. Continue Reading
How To Protect Your IP From China. Part 5.
Posted in Legal NewsThis is the final part of a series arising from a speech I gave last month at a biotechnology conference in Washington DC. In How To Protect Your IP From China. Part 1, I mostly looked at the risks China poses to intellectual property and very generally on how companies can determine how those risks should… Continue Reading
How To Protect Your IP From China. Part 4.
Posted in Legal NewsThis is part four of a series arising from a speech I gave last month at a biotechnology conference in Washington DC. In How To Protect Your IP From China. Part 1, I mostly looked at the risks China poses to intellectual property and very generally on how companies can determine how those risks should influence… Continue Reading
How To Protect Your IP From China. Part 3.
Posted in Legal NewsThis is part three of a series arising from a speech I gave last month at a biotechnology conference in Washington DC. In How To Protect Your IP From China. Part 1, I mostly looked at the risks China poses to intellectual property and very generally on how companies can determine how those risks should influence… Continue Reading
How To Protect Your IP From China. Part 2.
Posted in Legal NewsLast month I gave a speech at a leading biotechnology conference in Washington DC on how to protect your IP from China. Over the next few days, I am going to re-print that speech (in parts) here on this blog. This is part 2 of that series. Part 1 can be found here. Please recognize… Continue Reading
How To Protect Your IP From China. Part 1.
Posted in Legal NewsLast month I gave a speech at a leading biotechnology conference in Washington DC on how to protect your IP from China. Over the next few days, I am going to re-print that speech (in parts) here on this blog. As you have probably already guessed, this is part 1. Please recognize that this is… Continue Reading
How To Protect Your China IP. Don’t Hire Anyone….
Posted in Legal NewsYour enemy won’t do you no harm Cause you’ll know where he’s coming from Don’t let the handshake and the smile fool ya Take my advice I’m only try’ to school ya From the song, “Smiling Faces,” by the Temptations You know how when you buy a new car, you immediately start seeing your same… Continue Reading
China Joint Ventures. Are You On The Same Page?
Posted in Legal NewsWhen it comes to forming China joint ventures, the biggest issue is obviously whether or not it makes sense to form one. The most important question relating to whether it makes sense to form a China joint venture is usually whether you will be able to work well with your putative Chinese joint venture partner. … Continue Reading
Using Customs To Protect Your Brand From China Counterfeits
Posted in Legal NewsBy: Rachel Buker I just returned from the INTA conference in Washington DC, a gathering of nearly 10,000 intellectual property professionals from around the world. A number of speakers at the conference emphasized how using customs to seize counterfeit goods can be a very powerful tool for protecting brand-owners from counterfeit goods. The European Court… Continue Reading
Who Should Own Your China IP? Maybe Not You.
Posted in Legal NewsWe have been handling way more than the usual number of disputes between our clients and Chinese companies. In a number of these cases, our clients paid money to Chinese factories with whom they had been doing business for years and the Chinese factories simply refused to send over any product. These Chinese companies claimed… Continue Reading
An ABC To Losing Your China IP
Posted in China Business, Legal NewsFascinating article up on the Wall Street Journal, written by Geoff Nairn and entitled, “Patents are a Virtue,” and subtitled, “China is a land of opportunity for business, but it is also a land of counterfeiting and intellectual property theft.” The article is on counterfeiting in China and the various innovative ways companies act to… Continue Reading
China IP, Fakes And Innovation. Is It Really This Bad? Will It Really Never Get Any Better?
Posted in China BusinessI received a somewhat ranting email the other day from a highly respected China academic in response to my having been interviewed in an article about IKEA’s stores being copied in China. Below is the heart of the email: 1. No one in the world thinks the Chinese “care” about intellectual property, in the sense… Continue Reading
The Most Common China Law Issues.
Posted in Basics of China Business Law, China Business, Legal NewsClients, potential clients and the press are always asking me what foreign companies that do business in China need to know to stay out of legal trouble. Next time I get such a question, I will refer them to the list below as it sets out the most common legal issues foreign companies face when… Continue Reading
China Manufacturing Agreements. Watching The Sausage Get Made.
Posted in Basics of China Business Law, Legal NewsIn going through old emails, I came across a couple from co-blogger Steve Dickinson to a client that was going to have its relatively complicated product manufactured in China. This company was engaging in outsourcing for the first time and we were assisting with the contract. Steve’s first email was the following: Generally, a production… Continue Reading
How To Protect Your China IP. Don’t Go There?
Posted in China Business, Legal NewsYour enemy won’t do you no harm Cause you’ll know where he’s coming from Don’t let the handshake and the smile fool ya Take my advice I’m only try’ to school ya. ”Smiling Faces,” by the Undisputed Truth Must-read article out today in the Pittsburgh Tribune-Review. The article is entitled, “Apple tries to avoid Motorola’s… Continue Reading
On The State Of Intellectual Property In China.
Posted in Legal NewsChina policy guru Benjamin Shobert has written an excellent article for the Asia Times on IP in China. The article is entitled, “China’s IPR thorn still needles West,” and it says what we have been saying: IP protection in China is getting better, but it is not there yet. Shobert quotes from a recently… Continue Reading
China Legal For Business. The Basics And Nothing But.
Posted in China Business, Legal NewsA few months ago, the general counsel of a company for whom we had done some China work asked me to spend a few minutes alerting her to the “typical” legal issues American companies face when they do business with China. She wanted a legal checklist to give to the executives at her company so… Continue Reading
What To Do About Chinese Companies Taking Your IP?
Posted in Legal NewsLast week, co-blogger Steve Dickinson and I spoke at the Foreign Correspondents Club in Beijing. From our perspective, the best part of our talk were the excellent questions posed to us by the reporters in attendance. There was one question I pretty much punted on and though I have thought much about it since, I… Continue Reading
Yes Virginia, There Is IP Protection In China.
Posted in Legal NewsA couple weeks ago, I did a post entitled, No IP Enforcement In China. That Cannot Be True, in which I talked about how it is just not true that Chinese courts will not enforce a foreign company’s intellectual property rights against a Chinese defendant. I then discussed a recent high profile and high damage… Continue Reading
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