You are here: Home Law Topics

China Lawyer Blog - We answer your questions

China Law and Its Development

China divorce law and child custody rules

Child Custody Basics
If there are children involved in your divorce, the divorce courts will make child custody arrangements. Most states grant parents equal custody rights if it's in the best interest of the child.

With equal child custody rights, both parents have joint child custody, which may include both legal and physical custody. It's also possible for one parent to have sole physical child custody, while the noncustodial parent shares legal custody and gets generous child visitation rights.

 

Tips and procedures to set up an office in China

Increasing number of American companies are setting up their own presence in China in order to source products or services directly from China or enter the Chinese market rather directly.

Nevertheless, given the foreign nature of complex local policies, regulations and overall business environment in China, it is so critical to be proactive and fully prepared before you take the strategic move to set up your company's own presence in China.  

 

How to set up a representative office in China

After your first study visit to China, you may realize that doing business in China requires a local presence of your firm to facilitate business communications, or you may wish to further assess a better understanding of the size and potential of the China market before investing committed resources.

The next step is to consider setting a representative office, which is the fastest and the most economical way to competitively position your firm’s presence in China. But first of all, you need to understand if a representative office’s structure is the most appropriate for your firm’s China’s market entry strategy.

 

What is the requirement of trademark cancellation in China

A registered trademark can potentially exist in perpetuity- assuming that your trademark mark is kept in proper order. Your registered trademark can become abandoned if you fail to make the proper filings before the China States Patent and Trademark Office (CSPTO). Furthermore, a registered trademark is subject to cancellation by third parties under certain conditions.

The two most common reasons for a trademark cancellation are non-use by the registrant and the mark becoming generic. Although a trademark can indeed exist forever, these trademark rights are subject to continued use in commerce. Substantial non-use in commerce provides the opportunity for third parties to file a cancellation before the CSPTO. The third party would need to properly detail the grounds for such non-use, and provide specific details that clearly show that you have not been using your mark. It is thus important to continue to use your registered trademark in commerce, and make the necessary filings before the CSPTO.

 

Advice for foreigners retaining criminal defense lawyers in China

It is helpful during China criminal proceedings to be represented by a lawyer who is familiar with the China criminal law rules of evidence, China criminal law rules of procedure, trial procedure, and the China court system in general. The lawyer should also be familiar with China sentencing procedures, and with the recent Supreme Court rulings which affect sentencing. It helps to have a defense lawyer who is familiar with the China People Attorney's office which is handling the case, and ideally some familiarity with the China investigative agency which spearheaded the investigation.

 
Page 32 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.