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In the realm of intellectual property (IP) rights, one of the most potent tools for rightsholders is the cease and desist letter – a preliminary step towards legal action, aimed at halting alleged infringements. However, when these infringements occur in China, a country with a distinct legal and business environment, the strategy for deploying these […]

Introduction Foreign companies entering the Chinese market often encounter challenges in navigating China’s intricate trademark subclass system. This complexity, combined with linguistic and cultural differences, leads to frequent misunderstandings. This article aims to dissect these complexities, spotlighting specific subclasses that are commonly confused and explaining the underlying reasons for these misunderstandings.   The Intricacies of

In the multifaceted and rapidly evolving Chinese business landscape, the reliance on generic English contracts can be a significant misstep for international businesses. The key to ensuring legal security and operational success lies in crafting contracts that are not only adapted to Chinese laws but are also drafted in Chinese. This approach, centered around local

The global manufacturing landscape is increasingly complex and interconnected, with China standing as a pivotal hub. However, this terrain presents unique challenges, particularly when dealing with offshore intermediaries that own or represent Chinese manufacturing entities. This article explores the risks associated with such arrangements, highlighting key issues like the lack of direct control, legal complexities,

Intellectual Property Rights (IPR) have become a cornerstone of the global economy, where innovation is often the key to gaining a competitive edge. In the context of China, a country that has undergone remarkable economic transformation, the importance of IPR is magnified due to its status as a hub for manufacturing and technological innovation. As

In the global manufacturing arena, China stands as a titan, offering an extensive supply chain infrastructure and efficient production modalities that attract businesses from all corners of the world. Central to this manufacturing prowess are the molds and toolings—crucial elements that bring product designs to life on a mass scale. Given their significant investment in

In the intricate dance of international trade and business cooperation, contracts are the rhythm by which partners move. When it comes to doing business in China, the legal landscape can be as challenging as it is rewarding. China’s burgeoning economy has attracted foreign investors and corporations, but when the ink dries on agreements, the pressing

In the intricate dance of international business, the crafting of contracts in China is a delicate and critical step. The use of dual language contracts — agreements drafted in both English and Chinese — has become a cornerstone in cross-border transactions involving Chinese entities. However, this bilingual documentation is a minefield of potential misunderstandings and

Engaging in business with Chinese firms necessitates a vigilant approach, and the cornerstone of this vigilance is an unwavering commitment to thorough due diligence. In the sprawling market that is China—home to some of the world’s largest and most dynamic manufacturing operations—diligent research and verification activities are not just beneficial; they are compulsory for any

 When it comes to legal rules in commercial transactions, the time limits for filing lawsuits are critical. This article compares the time limit regulations as outlined in Article 188 of the Chinese Civil Code and Article 39 of the Convention on the International Sale of Goods (CISG), exploring their impact and the protection they