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How to Legally Combat Counterfeits on Chinese E-Commerce Sites

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In the global marketplace, the proliferation of counterfeit goods on Chinese e-commerce websites poses significant legal challenges for businesses. Platforms such as Alibaba, Taobao, and Pinduoduo are often cited as major sources of counterfeit products. Addressing this issue is crucial for protecting intellectual property (IP) rights, including patents and trademarks. This article explores the legal […]

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10 Critical Steps to Avoid Business Scams in China

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Chinese companies have gained global recognition for their capacity to provide a wide variety of services and goods at competitive prices. As business operations become increasingly globalized, more companies look to China for business solutions. However, dealing with international partners, particularly those based in China, can sometimes come with risks and uncertainties, including various business

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China’s Company Law Amendments Effective July 1, 2024: Comprehensive Analysis and Strategic Implications for Foreign Enterprises

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On July 1, 2024, significant amendments to China’s Company Law will take effect, introducing pivotal changes that affect both domestic and foreign enterprises operating with legacy entities within the country. Among the most impactful of these changes is the new requirement for companies to fully contribute their registered capital, which refers to the initial capital that a

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Legally Sound in China: Ensuring Your NNN Agreement is Rock Solid

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THE CRITICAL ROLE OF NNN AGREEMENTS In the ever-evolving global business landscape, protecting intellectual property (IP) and proprietary business information is paramount, especially when operating in regions like China. NNN agreements—Non-Disclosure, Non-Use, and Non-Circumvention agreements—serve as a vital tool for foreign businesses to secure their interests. While they share similarities with Western-style Non-Disclosure Agreements (NDAs),

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Why the First-to-File System in China Makes Protecting Foreign Companies’ IP Essential

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In intellectual property (IP) protection, China’s first-to-file system plays a pivotal role, particularly for foreign companies seeking to safeguard their IP in the Chinese market. Unlike many other jurisdictions where IP rights can automatically extend or be recognized based on prior filings elsewhere, China operates on a strict first-to-file basis. This means that having a

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10 Critical Risks of Skipping Due Diligence on Chinese Companies

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Engaging in business without thorough due diligence can expose companies to significant risks, especially in a complex regulatory environment like China. Skipping this critical evaluation step can lead to legal, financial, and operational complications. Below are the key risks associated with neglecting proper due diligence when dealing with Chinese companies: 1. Risk of Fraud or

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Understanding the Differences between Invention Patents and Utility Model Patents in China

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Intellectual property protection is crucial for maintaining a competitive edge in today’s rapidly evolving global marketplace. In China, there are three types of patents: invention, utility model, and design patents. While design patents primarily protect the aesthetic appearance of products, invention and utility model patents focus on safeguarding the functionality and technical aspects of innovations.

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10 Ways You Risk Business Failure Without a Tailor-Made Contract in China

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Operating without a tailor-made contract in China’s rapidly evolving business landscape can expose businesses to significant legal and operational risks. Customized contracts are essential for managing relationships and ensuring smooth, legally sound operations. Here are the risks of not having a well-crafted, bespoke agreement: 1. Lack of Regulatory Compliance Businesses can unintentionally violate China’s intricate

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Why NNN Agreements Are Superior to Traditional NDAs in China

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When conducting business in China, safeguarding sensitive information and intellectual property is crucial. While Non-Disclosure Agreements (NDAs) are traditionally employed for this purpose, they often lack sufficient legal safeguards. In contrast, Non-Disclosure, Non-Use, and Non-Circumvention (NNN) agreements offer broader and more effective legal protection. Here’s why NNN agreements provide superior legal coverage compared to traditional

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Understanding the Importance of Tailor-Made Contracts in China’s Business Environment

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In an increasingly interconnected global market, understanding and navigating the legal landscapes of different countries is crucial for international business success. As a major global economic player, China has its own unique set of challenges and requirements regarding legal agreements. Addressing this need, our forthcoming webinar, “The Critical Role of Tailor-Made Contracts in China’s Business

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