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China Franchise Law, China Franchise Lawyer

Our China franchise lawyer summarized the main points of China franchise law. We have Shanghai franchise lawyer, Beijing franchise lawyer, Chongqing franchise lawyer and Tianjin franchise lawyer ready for your consultation. We also attached a full text of China Franchise law for your reference.

Implementation

The latest version of China's franchise law came into effect in 2005, as part of China's World Trade Organization (WTO) treaties. It eliminated the "two plus one" rule, which stipulated that a company must have at least two branches operating in China for at least one year before becoming a franchiser. This created a boundary to investment for many would-be entrepreneurs.

Regulation

Chinese law stipulates that both the franchiser and the franchisee are legal entities. Signed agreements between franchisers and franchisees must include quality and standards requirements, arrangements for franchise fees, and liability agreements in case of disputes. The franchiser must also be a mature business that is able to provide guidance, training and technical support to the franchisee.

Foreign Franchises

There are two types of foreign franchises that exist in China. The first is a Foreign Invested Enterprise (FIE), when an investor incorporates a new business in China and then acts as a sub-franchiser. The second type is a direct contractual relationship, in which the foreign enterprise is established outside of China but instead operates a local network of franchisees.

Regulations for the Administration of Commercial Franchising Operations

Order of the State Council of the People’s Republic of China-1
The 485th Order

The Regulations for the Administration of Commercial Franchising Operations, which was adopted at the 167th executive meeting of the State Council on January 31, 2007, are hereby promulgated and shall come into force as of May 1, 2007.

Premier Wen Jiabao

 

China Trademark Lawyers

We are China Trademark lawyer. We have over two years of experience in trademark registration. Trademark registration is extremely important in China because unregistered trademark is not protectable according to China trademark law. We have many trademark registration office in various China cities. We have Beijing Trademark Lawyer, Shanghai trademark lawyer, Guangzhou trademark lawyer, Suzhou trademark lawyer.

China trademark Law Basics

To begin, let's start with a definition of a Trademark or "mark". A trademark is a word, symbol, design, combination of letters or numbers or other device which identifies and distinguishes products and services in the marketplace. Once developed through advertising, marketing, trade shows, and other means, trademarks become one of your most valuable assets. Your customers identify your firm with your trademark.

To illustrate, the registered marks Pepsi®, Porsche®, and Lexus® each bring to mind certain "quality" products to potential purchasers. Consequently, these trademarks are some of the most valuable assets of these companies and they should protect them with a vengeance.

Why You Should Retain a China Trademark lawyer

Because registering a trademark requires extensive knowledge of trademark law and procedures it is highly recommended that you use the trademark services of a trademark lawyer. A trademark lawyer can advise you on many aspects of your trademark filing and on trademark services. For example:

 

China Patent Lawyer

A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner.

The titles patent agent and Patent lawyer are also used in some jurisdictions. In some jurisdictions the terms are interchangeable, while in others the latter is used only if the person qualified as a lawyer.

Our firm is a high technology intellectual property law firm focused on patent, trademark, copyright and related IP. Our China Patent lawyer are based in Shanghai, Beijing, Guangzhou and Shenzhen; Thus we have Shanghai patent lawyer, Beijing patent lawyer, Guangzhou patent lawyer and Shenzhen patent lawyer. However, our lawyers represent technology companies,  individuals, start-ups, small and medium-sized businesses, and international corporations throughout the world.

Unlike other firms tied to the billable hour, our China patent lawyer focuses on helping our clients achieve their business goals through project-based pricing. By letting our clients know what a legal project will cost, we are able to empower them to make better business decisions around their most valuable assets: the products of their minds.  From patents and trademarks, to copyrights and technology licensing, and everything in between, our lawyers are here to help.

 

China Trademark Lawyer

A China 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.

In many countries, most notably China, trade mark attorneys are a separate recognized legal profession, along with solicitors and barristers, and are recognized as lawyers under the China trademark Law. In other jurisdictions, such as China, the profession is less clearly defined, with trademark attorneys being part of the general legal profession. In other words, they are attorneys at law who specialize in trade mark matters. In many countries, trademark attorneys have rights of audience before IP courts and benefit from client/attorney privilege. Unless they are also members of the general legal profession such as in China, their right to appear in Court is usually limited to trademark matters.

 

China Intellectual Property Litigation Lawyer

In each field of law, any China intellectual property litigation attorney who wishes to be successful must possess certain skills and character traits which will enable him or her to distinguish themselves from the rest of the pack of attorneys. These skills vary with the fields of law. Organizational and transaction skills are most advantageous for the business planning attorney, whereas technical and scientific knowledge will enable the patent attorney to succeed. China IP lawyers should also aim to achieve or posses certain skills which will assist them in attracting and retaining clients, winning cases and potentially making new law.

1. Knowledge of the Rules of Evidence:

Many civil cases often turn on the admissibility or inadmissibility of a certain piece of evidence. Many practicing attorneys fail to have a proper understanding of the rules of evidence, and lack the knowledge of how and when to object and how to answer an objection. Often times, failure to object or preserve an issue for appeal can cost the client significantly more in legal fees, or even worse, cause the client to lose the case. In addition, an attorney with a mastery over the rules of evidence can use them as either a shield or a sword in admitting or barring important evidence.

2. Confidence

An essential element of attracting business is the manner in which an attorney projects him or herself. Confidence is more than mere hollow bravado or misplaced self-assurance . Confidence conveys to the client, judge and opposing counsel that you have a complete handle of the case and can control how and where it flows. As part of projecting an air of confidence it is first necessary to read your audience and adjust your behavior accordingly. A client does not want an attorney who simply offers them options for them to choose. A client wants an attorney as a true advocate, one who can give them an answer and a firm and confident recommendation. Without confidence in their attorney, a client's trust for that attorney will decrease, and the potential of repeat business is small.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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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.