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China Law and Its Development

China Patent Attorney, China Patent Agent, China Patent Application

We are experienced China patent attorneys, and we help businesses and entrepreneurs succeed with patents, trademarks, copyrights and related areas of business law in China.  We helped large multinational corporate clients obtain hundreds of millions of dollars through patent enforcement actions, defended businesses against wrongful allegations of infringement, and obtained legal protection for client inventions and creative works. We have 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.

What is the difference between a China patent attorney and a China patent agent? A patent attorney is an individual who (1) is a lawyer, (2) holds a university degree in an approved technical field or who is a state registered engineer, and (3) has passed the Bar Examination. A patent agent only qualifies under items (2) and (3) above. Both patent attorneys and patent agents are registered with the China PTO, and are fully authorized to prepare patent applications and obtain patents for their clients. Patent agents usually charge much less for their services.

 

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.

 

To be a good China litigator is not easy, but it's definitely rewarding.

To be a good China litigator, not only do you have to have a sound understanding of Chinese law, but you need to be able to apply your knowledge to the commercial realities of the situation and come up with a strategy, which you will then need to communicate clearly and effectively to clients. Good communication and drafting skills are also vital when working with counsels and witnesses to prepare your client’s case and when dealing with the other side.

An exciting and key role for the solicitor in litigation is to play the detective. To build your client’s case, you need to spot the strengths in your own evidence and the weaknesses in the other side’s case, often hidden amongst large quantities of documents. A forensic eye and attention to detail are therefore important attributes, as is the ability to step back from the detail and see the overall game plan.

Finally, being organised will help you to keep on top of your caseload as there are often a lot of elements of a case to juggle at the same time and you are likely to be handling a number of matters simultaneously, all with differing issues and deadlines.

To be a good China litigator is not easy, but it's definitely rewarding.

There is no such thing as a ‘typical day’ in litigation and in fact, it is the variety of the work that makes it such an attractive option. There is also plenty of scope to be given responsibility for aspects of a case, or even a whole matter, right from the start. In any one day you might be working on several different cases, all at varying stages of the litigation process. You might be attending court or a conference with counsel, meeting a client for the first time to discuss a new matter or a witness to go through their evidence; you might be reviewing documents to find a ‘smoking gun’ or drafting a settlement proposal to the other side.

 

Foreign Nationals Divorce in China - A Brief Q&A

There are many foreign nationals marry Chinese ladies. Unfortunately, a significant percent of the cross-culture marriage end up in divorce. The exact percentage is unclear, but I do receive many divorce inquiries from other nations every month. Below is a brief summary of foreign related divorce in China.

My marriage is registered in China. Can I divorce in China?

Yes, you can.

My marriage is registered in a foreign country other than China. Can I divorce in China?

Yes, you can.

If my wife refuses to divorce, Can I divorce in China?

Yes, you can. But you can only divorce through court proceedings.

How can I get divorce in China?

Either through divorce registry or through court proceedings. If both parties agree, divorce through divorce registry is the simplest way. Through court is also possible for agreed upon divorce. If either party disagree, court proceeding is the only way.

How long it takes to divorce in China?

Divorce in the marriage registry is an onsite thing and you get divorce certificate instantly. The time period for divorce in court varies. Non-contested divorce in court takes around one week or two. Contested divorce in court can take one year or two.

 

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.

 
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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.