China trademark registrations cheap

I love when a reader sends me a link to an old blog post and asks whether “it is still true.” I got one of those today about a post we wrote way back in 2006, entitled, Protecting Your China Intellectual Property: China IP Registrations are the “Bare Minimum.

It was a super-short post that essentially said that if you want to have any hope at all of protecting your IP in China and from China you need to register that IP in China:

Just came across this excellent McKinsey Quarterly article, “Protecting intellectual property in China: Litigation is no substitute for strategy.” [link no longer exists] The article is on China Intellectual Property (IP) protection strategies.

I like how this article stresses that legal tactics (such as registering and enforcing your IP and contracting to secure your trade secrets) are the “bare minimum of what companies involved with China must do to protect their Intellectual Property Rights (IPR).” The article states that companies should also factor IP protection into their strategic and operational decisions and it gives good examples on how to do this. It even has a nice pyramidal graph, grouping by importance what companies should do to protect their IP in China. My firm’s China IP lawyers love the graph and they’ve been sharing it lately with clients!

I often find myself saying essentially the same thing to companies doing business in China or with China. My shortest spiel on protecting your IP from China usually goes something like this:

China is not a terribly good country when it comes to intellectual property protections, but most of those who lose their IP to China do so not because China is so terrible at protecting IP but because they themselves were so terrible at protecting their own IP. If you choose a good Chinese partner, if you have the right (China-centric) contracts in place, and if you register your IP in China, the odds are overwhelming (but definitely not 100%) you will be fine there. Choosing the right partner is key because if you are going to do business with a thief, the other two things will not protect you much. So this is the absolutely bare minimum. Beyond that, I always say that it’s critical that you register your company name/brand name/product name in China (even if you are just manufacturing there) because it will be really bad if a Chinese company rips off your product and starts selling it for half of what you charge (especially if the Chinese company that does that is your China partner) but it will be a lot worse if it can legally sell your product with “your” name on it for half. When that happens, it’s usually lights out for the business. And yet China trademarks are really quite cheap.

And now that so many of our clients are having their products made in Asia outside of China (Vietnam, Thailand, Korea, Cambodia, etc.), I should note that all of the above holds true with equal force pretty much throughout Asia.

Do you agree?


Dan Harris

I am a founder of Harris Bricken, an international law firm with lawyers in Los Angeles, Portland, San Francisco, Seattle, China and Spain.

I mostly represent companies doing business in emerging market countries. It has taken me many years to build my network and it takes constant communication and travel to maintain it. My work has been as varied as securing the release of two improperly held helicopters in Papua New Guinea, setting up a legal framework to move slag from Canada to Poland’s interior, overseeing hundreds of litigation and arbitration matters in Korea, helping someone avoid terrorism charges in Japan, and seizing fish product in China to collect on a debt.

I was named as one of only three Washington State Amazing Lawyers in International Law, I am AV rated by Martindale-Hubbell Law Directory (its highest rating), I am rated 10.0 by (its highest rating), and I am a SuperLawyer.

I am a frequent writer and public speaker on doing business in Asia and I constantly travel between the United States and Asia. I most commonly speak on China law issues and I am the lead writer of the award winning China Law Blog ( Forbes Magazine, Fortune Magazine, the Wall Street Journal, Investors Business Daily, Business Week, The National Law Journal, The Washington Post, The ABA Journal, The Economist, Newsweek, NPR, The New York Times and Inside Counsel have all interviewed me regarding various aspects of my international law practice.

I am licensed in Washington, Illinois, and Alaska.

In tandem with the international law team at my firm, I focus on setting up/registering companies overseas (via WFOEs, Rep Offices or Joint Ventures), drafting international contracts (NDAs, OEM Agreements, licensing, distribution, etc.), protecting IP (trademarks, trade secrets, copyrights and patents), and overseeing M&A transactions.