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Trademark Turbulence: How Foreign Businesses are Affected by China’s Trademark Squatting Issues

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 China’s unique approach to trademark registration, often leading to what is termed “trademark squatting,” has become a significant hurdle for foreign businesses entering or operating in the Chinese market. This phenomenon is rooted in China’s “first-to-file” trademark system, which starkly contrasts with the “first-to-invent” or “first-to-use” systems prevalent in many other countries. The implications […]

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How Inaccurate Translations to Chinese Can Ruin the Enforceability of Your Contracts in China

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 In the complex tapestry of international business, China stands out as a land of immense opportunities and unique challenges. As businesses across the globe vie for a piece of the Chinese market, the significance of well-drafted, accurately translated contracts to Chinese becomes paramount. The stakes are high: a small error in translation can lead

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How a China Strategy is the Keystone to Counteracting Counterfeit Globally

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Introduction In the global fight against counterfeit goods, a China-centric strategy stands as a critical linchpin. For businesses aiming for global reach, the protection and enforcement of intellectual property (IP) rights in China are not just a local necessity but a global strategy. Understanding and navigating China’s IP landscape is fundamental to safeguarding a company’s

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5 Common Mistakes to Avoid When Sending Cease-and-Desist Letters in China

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Crafting effective cease-and-desist letters is crucial in safeguarding intellectual property rights, particularly in China, where legal and cultural nuances play a significant role. Here are five common mistakes to avoid, with a focus on the Chinese context:   1. Generic Letter Format Using a standard template without considering the unique Chinese legal environment is a

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Why You Should Ditch the NDA in China

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 In the realm of international business, protection of sensitive information remains paramount. For many businesses operating in Western contexts, the Non-Disclosure Agreement (NDA) serves as a cornerstone for this very purpose. However, when it comes to China, leaning exclusively on the traditional NDA might not be the most strategic move. Instead, considering the NNN

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Due Diligence Essentials: How to Avoid Contracting with the Wrong Chinese Company

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In the ever-evolving landscape of international business, contracting with Chinese manufacturers presents its own unique set of challenges. One of the prevalent practices that have emerged is the use of Hong Kong (HK) based intermediaries by mainland Chinese manufacturers. While this might seem like a strategic move to simplify proceedings, it’s riddled with potential pitfalls

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The Importance of Using Verified Chinese NNN Contracts in China

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In the intricate world of international business, safeguarding intellectual property (IP) and confidential information is of utmost importance. As global collaborations become more frequent, especially in manufacturing powerhouses like China, the necessity for robust legal safeguards is accentuated. While Non-Disclosure Agreements (NDAs) have traditionally been the standard, the unique challenges of the Chinese business environment

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The First Step: Why Trademark Protection is Crucial Before Manufacturing in China

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 China has emerged as a manufacturing powerhouse, drawing businesses worldwide to its shores. Yet, amidst the appeal of cost-effective production, a fundamental step is often overlooked: the imperative of securing trademark protection in China. This isn’t just about guarding your brand; it’s about adhering to Chinese laws, especially when you plan to export products

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Choosing the Right Jurisdiction for Your Manufacturing Contracts in China

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Introduction China’s unparalleled rise as the world’s manufacturing hub is attributed to its vast workforce, state-of-the-art infrastructure, and pro-business policies. As numerous global companies pivot towards China for enhanced production capabilities and cost-effective manufacturing, understanding the intricacies of the Chinese legal system becomes paramount, especially when it comes to jurisdiction in manufacturing contracts.   1.

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5 Common Mistakes to Avoid When Drafting Cease and Desist Letters for China IP Protection

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Protecting intellectual property (IP) rights in China requires a proactive approach. One of the primary legal actions companies or individuals take when they discover an IP rights violation in China is issuing a cease-and-desist (C&D) letter. This letter is a formal notification demanding the infringer to halt the unauthorized use of the IP and often

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