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Tag Archives: IP rights

How To Respond To China IP Infringement. Watching The Sausage Get Made.

Posted in Legal News

As China lawyers, we are all too frequently contacted by our clients who need help dealing with IP infringement in China.  As a first step, we analyze the situation and propose a course of action.  The following is an amalgamation of memoranda, done so as to convey both what goes on out there and how… Continue Reading

Hiring “Independent Contractors” In China. Don’t Do It.

Posted in Basics of China Business Law, China Business, Legal News

We spoke with a software company the other day that has nearly fifteen “independent contractors” in China, who it views as “part of the corporate family.”  This company was contacting us to see about forming a WFOE in China.  They told me that they were not in any rush. The first thing I did was… Continue Reading

An SME Handbook For China. It’s Really Good And It’s Free.

Posted in China Business, Legal News

New Zealand Trade and Enterprise, an NZ governmental agency tasked with helping NZ companies grow internationally is out with an excellent 80 page primer for small and medium businesses looking to make it in China (h/t Dragon Business Network Blog). It really covers the field of what SMEs need to know about China, and though it is nominally… Continue Reading

Come One Come All: China As BioMedical Nirvana

Posted in China Business

Come one come all, guaranteed millions to be made/saved in China.  You already knew about the 1.3 billion middle class consumers salivating at the opportunity to buy our cell phones and iPods, but did you know your intellectual property (IP) fears are completely groundless, you can achieve full-on guanxi by spending ten minutes a day… Continue Reading

Outsourcing in China: Five Legal Basics For Reducing Risk

Posted in Legal News

In response to yesterday’s post containing outsourcing tips from a business perspective a reader sent me an e-mail asking what to look out for on the legal side.  Fortunately, I was able to find a short article fellow blogger Steve Dickinson had published a few years ago on just this topic.  Here it is: Many… Continue Reading

Danish Clothing Company Sues China eBay Over Online Counterfeit Sales

Posted in Legal News

According to The Shanghai Daily, [link no longer exists] Danish clothing company, Aktieselskabet Af 21 November 2001, owner of the Only, Vero Moda and Jack & Jones clothing brands, has sued “eBay’s China arm,” eBay Eachnet, in a Shanghai court, for allegedly allowing counterfeit sales on its website.  Aktieselskabet is seeking $25,000 in damages, a… Continue Reading

China IP Protection Improving — Confirmation By Leading Economists

Posted in Legal News

IP enforcement in China is obviously not as good as in places like the United States, Japan, or the EU, but it is much better than widely believed. And it is certainly much better than the Western media presents it.  On top of that, we are seeing constant improvement and we have noted some of… Continue Reading

Interesting Look At Chinese Counterfeiting

Posted in China Business, Legal News

Asia Business Intelligence Blog ran an interesting post yesterday on Chinese counterfeiting.  According to the post, approximately 8% of China’s GDP may come from counterfeiting.  Asia Biz starts out by analogizing China’s counterfeiting with past counterfeiting by Taiwan and Japan, but then veers off into philosophizing that the Chinese view of law is at the… Continue Reading

Chinese IP Enforcement

Posted in Legal News

Good post on IP Dragon, entitled, “When will rampant piracy in China stop? Mark Cohen: ‘Don’t know.’ Bill Gates: ’2016,’” asking when China’s rampant piracy will end.  The post extensively quotes Mark Cohen, a U.S. intellectual property (IP) lawyer sent to China by the United States government to work on improving China’s IP protection.  Great… Continue Reading

Another Foreign IP Victory In China — Ferrero Rocher

Posted in Legal News

The Tianjin High Court ruled last week in favor of Italian Chocolatier, Ferrero Rocher, in a case against a Zhangjiagang Food company involving copycat chocolates.  The court ordered the local company to immediately stop producing the copycat chocolates and to pay $87,000 in damages. This actually prompted the Voice of America to remark that “[s]everal… Continue Reading