You are here: Home Law Topics

China Lawyer Blog - We answer your questions

China Law and Its Development

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.

 

Elements of being a good China divorce lawyer

A China divorce lawyer is many times the key actors in a divorce trial. We have good Shanghai divorce lawyer and Beijing divorce lawyer in our team. Having a good lawyer can be the difference between losing a lot because of your divorce and not losing at all. Specialized divorce lawyers know all the tricks of divorces and use them to obtain as much as they can for their clients.

Therefore, it is very important to have one of the best divorce lawyers on your side in any divorce proceedings! While it can be difficult to find a very good divorce lawyer, some key factors do stand out! The best 5 characteristics a good divorce lawyer are: proactive, being a good negotiator, assertive, problem solver and approachable.

Proactive

Having a proactive divorce lawyer on your side is very important as the other lawyer will be kept on the defensive. A proactive lawyer will have the initiative and maintain his strategy for obtaining the final purpose: your demands.

Being a good negotiator

Being a good negotiator is another key characteristic your divorce lawyer should have. This is because in many cases this ability of negotiation will bring you better results from your divorce. Also, when it comes to contested divorces, you will need the services of a good trial lawyer on your side.

Assertive

The assertive type of lawyer is a confident one, but not arrogant as well. He should know when to be assertive and when it is not the case. The confidence of your divorce lawyer will be of great help especially in court. I am sure, you have witnessed court proceedings and it seems like one lawyer knows his stuff and clearly in charge of the proceedings!

 

What makes a good China litigation lawyer

As a China litigator, I would like to write this introductory article to reflect with colleagues as to what makes a good China litigation lawyer. Below is a selection of the qualities that I believe are seen in the best litigators that I have come across both acting for clients and against them.

Notwithstanding major changes in the litigation process in China over the last 10 years and the growth of ADR, these qualities remain largely consistent over time. Of course, no one person can be expected to have all these qualities and, if they did, they would probably regularly change their clothing in a telephone box. Nevertheless, the litigators that act for us possess many of the qualities set out below, which are not listed in any order of importance.

Taking Command at the Outset

When a serious dispute arises, it is very important that the right people are brought together; that further prejudicial documentation is not created; and that an objective cogent assessment of the situation is presented to senior management. While the in-house function will be expected to contribute significantly to this, the senior external litigator’s input is paramount. At the first meeting the litigator will be expected to provide reassurance that he or she recognises the issues involved, has had experience of dealing with them in the past and is already formulating what immediate steps should be taken. The litigator should be mindful of any individual senior managers’ personal concerns arising from the dispute, but ultimately must provide an objective assessment.

Good Communicator

A litigator who can sum up in a page and a half or in a 5 minute conversation the merits of the dispute and the best way forward, will always be highly valued.

Good Listener

Too often lawyers are on full transmit mode and can be too intent at the outset on explaining why they have the necessary experience to do the job. The first meeting is inevitably an information gathering exercise and, in this, the ability to listen and ask the right questions to elicit the “weakest part” of the client’s case is essential.

Good Negotiator

Everybody can learn negotiation skills to a point; nevertheless really good negotiators have instinctive qualities that are very difficult to acquire through education. The ability to read and deal with people is paramount. The growth in mediation has, is anything, increased the amount of ‘face-to-face’ dealing. The ability to spot potential openings for settlement and weaknesses and concerns in the other side is an invaluable quality.

 

China Distribution Agreement

As a China contract lawyer, although I enjoy the day-to-day challenges of China litigation, I’m often called upon to structure international business deals, including drafting China distribution agreement. These are fun too, as I get an inside look at the business side of many different kinds of industries.

Lately, I’ve seen a considerable increase in the number of distribution deals being forged. Distribution agreements are simply contracts to distribute a product made by Company X to the dealers and remarketers of the product.

The distributor assures Company X that it has the facilities, personnel, and technical expertise necessary to market the specified product in a given territory.

At minimum, an international distribution agreement should contain the following terms:

1. This clause sets the duration of the agreement and should specify whether it’s automatically renewed after the term expires or whether the parties intend to re-negotiate terms after the term expires. Duration can vary widely depending on your industry.
2. Products: You should specifically describe and identify the product developed or owned by a company along with all options to the products; all future versions of the products; and all enhancements, revisions, or modifications made to the products by company.
3.Territory: Be sure to always indicate the specific geographic areas where the product(s) will be distributed. Also be sure to include terms of exclusivity to keep your channel clear of competitors.
4. End-User: Identify all persons or entities that will obtain the product(s).
5. Intellectual Property Rights: This provision is immensely important. Always identify the intangible legal rights or interests that cover any idea, design, concept, technique, invention, discovery, or improvement. This extends to any work of authorship and any other similar rights. I’ll be covering international intellectual property protection in a future post.
6. Quota: Be sure to specify minimum quantities of the products. The quota will consist of an initial purchase order and a continual minimum monthly volume commitment.
7. Termination: All good things come to an end. Be sure to carefully articulate the terminating conditions of the agreement. The more thorough you make it, the better off you’ll be.

 

China franchise agreement overview

The China franchise agreement underscores and outlines the working relationship between the franchisor and franchisee and is a legally binding document on both parties. The document needs to stipulate all the details of the agreement and can vary quite a lot depending on the type of franchise opportunity, the industry of operation and the general terms and conditions that were mutually discussed before the signing of the document. If you are looking to franchise your business, this is the most important document that will help you legally for any case in the future with your franchisee.

Bigger franchisors have a standard document for all franchisees to ensure that they are all treated equally and the franchise agreement contains all that the franchisor expects from the franchisees. However, there is no standard procedure that needs to be followed by all industries and franchisors and there is no standard format for this document.

Different from Franchise Disclosure Document

A quick note is due here. The franchise agreement should not be confused with the franchise disclosure document (known as the FDD). The franchise agreement is a legally binding document that is signed by both the franchisor and franchisee to indicate the start of their business partnership. On the other hand, the franchise disclosure document doesn’t signal the start of the business relationship.

 
Page 25 of 36
  • Goal

  • Fees

The law blog is running by a China lawyer working for a full-service law firm, offering practical, results-driven advice on employment law, divorce, company law, and other legal issues. Our goal is to manage these issues effectively so that our clients can focus on what they could do best.

China Lawyer Blog will charge you under your specific circumstances in the following styles:
(1) Hourly fee arrangements
(2) Contingency fee arrangements
(3) Flat fee arrangements
(4) Percentage fee arrangements

Learn More...

ACCREDITED BY

China Lawyer Blog China Lawyer Society

China Lawyer

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

Latest Comments

AWARDINGS

China law society award


Style of Service

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.

You are welcomed to ask for a quotation pursuant to your specific circumstance.

About author

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.