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China Intellectual Property Lawyer

China Trademark Agent

A trademark agent (alternatively trademark attorney) is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters.

As experienced trademark lawyer, our responsibilities include advising on the adoption and selection of new trademarks; filing and prosecuting applications to register trademarks; advising on the use and registration of trademarks; handling trademark oppositions, revocations, invalidations and assignments; carry out searches; and advising on trademark infringement matters.

Great ideas are at the heart of any successful business. Whether it’s your brand, a new design, a completely new product or the evolution of your existing products, your intellectual property gives you key advantages over the competition. Managed properly, it can secure the long-term prosperity of your business. Today, this is more so than ever.

 

China Trade Secret Protection and Non-Disclosure Agreement

This is a sample Heading 1. Lorem ipsum. You absolutely need your Chinese supplier to sign a NDA or CDA before you disclose your trade secret to them. Are you wondering what a trade secret is? Do you have an idea or information that you believe is valuable to your business and would you like to ensure that nobody knows it? Have you received a letter stating that you have "misappropriated a trade secret"? If the answer is "yes" to any of these questions, then keep reading for more information about trade secrets!

What is a trade secret?

A legal trade secret is information (i.e., a formula, pattern, physical device, or process) that has two characteristics: (1) the information must be a "secret" (i.e., not generally known or readily ascertainable) that provides your business with a competitive advantage; and (2) the creator of the information must take steps to keep the information secret or confidential.

 

China Intellectual Property Protection - Trade Secret Or Patent?

Trade secret law in China is not as strong as patent law. As experienced China trade secret lawyer, we experienced many cases that the court even is reluctant to accept appropriation of trade secret case.  However, You can establish a trade secret overnight, but not a patent.  A patent takes longer.  And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors?  Here's a surprisingly useful answer.

A trade secret has some big advantages.  It is effective against anyone you have direct dealings with.  The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation.  This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.

So, why isn't there a “trade secret” office?  And, why doesn't everyone go after a trade secret first, instead of a patent?  Excellent questions.  A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights.  So, a patent is very worthwhile, once you've gotten a good start.  But until then, all you really have going for you are your trade secret rights.

 

Affordable China Patent Lawyer, China Patent Attorney, China Patent Agent

We are affordable China patent lawyers and we try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you. In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as RMB3,500, with a government filing fee of RMB900 for one piece of patent.

The formal drawings, if needed, can usually be obtained for less than RMB150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money. If the patent application is granted, the government charges an issue fee of RMB900 and publication fee of RMB300. A service charge of RMB200 is added for attending to preparing and filing the Issue Fee Transmittal.

The China patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of RMB350 to RMB450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than RMB950.

 

China Non-disclosure Agreement

A non-disclosure agreement (NDA) in China, also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.

What is NDA For?


NDAs are commonly signed when two companies, individuals, or other entities (such as partnerships, societies, etc.) are considering doing business in China and need to understand the processes used in each other's business for the purpose of evaluating the potential business relationship. NDAs can be "mutual", meaning both parties are restricted in their use of the materials provided, or they can restrict the use of material by a single party.

It is also possible for an employee to sign an NDA or NDA-like agreement with an employer. In fact, some employment agreements will include a clause restricting employees' use and dissemination of company-owned "confidential information."

Non-Disclosure Agreements (“NDAs”) often get no respect. Business persons may plunge into negotiations, revealing confidential information with no agreement in place, or Legal may issue the same form agreement in every case, as if one-size-fits-all. Well, like any contract, the NDA can provide vital protection, but should be drafted with care. Here are 10 tips to consider.

 
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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.