How to improve the success rate of trademark registration in China?

Highlight: Foreign companies should ask the Chinese trademark agency to take trademark retrieval and give advice of feasibility of the trademark keyword before applying the trademark.

The most frequently consulted question by foreign companies to us is that what measures could be taken when trademark application is refused in China.

    In accordance with our experiences, it is more difficult to get the trademark that has been refused approved, however, under most circumstances, the basic success rate for trademark application can be known through the prior trademark retrieval service. For the avoidance of any influence on company’s brand strategy from application failure, alternative names or together-applied backup names are suggested to those trademarks difficult to apply.

The rejection of trademark application may cause large losses and damages to enterprises’ brand strategy. Generally, the company tends to schedule the brand strategy, including brand positioning, advertisement and protection before unveiling the product. However, it may cost 1 to 1.5 years from application to registration or rejection due to administrative refusal, which may challenge the brand strategy of the company shall the company was unprepared.

READ MORE

Can Pandora Legally Operate in China?

Highlights: To introduce the legal restrictions on foreign companies to invest in service of operating online music in China and the practical ways that multinationals provide local online music services in China. 

As recent news says, the streaming subscription music website Pandora (NYSE:P) will enter into P.R. China, and is head-hunting a capable CEO. However, Pandora’s online music service by China laws shall be categorized as telecom value-added service as well as internet culture service. Though the foreign investment in telecom value-added service is legally permitted, the internet culture service remains banned.

READ MORE

China Copyright Protection Term Longer than EU’s?

—Analysis on Copyright Protection Term in China and Protection on Works in Public Domain

Highlight: Describing the protection term of various copyright works in China Copyright Law.

The European Internal Market Committee decided to extend the copyright protection term for performers and sound recordings from the current 50 years to 70 years for their copyright remuneration in the rest life of the performers. (news related, in English)

I. The protection term in China Copyright Law

China Copyright Law clearly regulates the protection terms on various works both domestically and internationally.

READ MORE

The Untimely Chinese Labor Contract Law

     ——Layoff Difficulty of Nokia, Groupon and Ku6, the influence of untimely and inappropriate regulations in Labor Contract law

Highlights: The untimely and inappropriate regulations on layoffs in Labor Contract Law fails to meet the current development demands of the company, the legal obstacle deteriorates competitiveness of the company and limits company’s desires on employment.

Recently, four Chinese companies met difficulties due to cuts were brought to our attention.  Gaopeng.com, a Chinese deal-of-the-day website jointly invested by Groupon.com and Tencent (SEHK 700), started mass layoff, which raised a concerns and protestations from its employees; someone even chose the suit for the dissatisfaction on the compensation. Shortly after that, Nokia (NASDAQ: NOK) and Nokia Siemens Networks were also doubted due to  its illegal layoff procedure. And what’s more, the earlier layoff of KU6 (NASDAQ:KUTV) led to physical aggression and outbursts.

READ MORE

How to Combat Knockoffs on Taobao.com

Highlights: Introduce the way for foreign trademark, patent and copyright owners to combat knockoffs on Chinese biggest online sales website Taobao.com

Taobao.com, the biggest online transaction website in China, signed the copyright protection memo with International Intellectual Property Alliance (IIPA) in Beijing on 1st, Sep., promising to combat infringement on copyright. (news related, in Chinese)

In 2010, the number of online products of Taobao.com has been more than 800 million, with trade volume of 400 billion. Just like eBay, Taobao.com only provides the platform for online transaction instead of sale by itself.

READ MORE

Trademark Legal Service

DeBund Intellectual Property Right Agency Co., Ltd, subordinated to our website, is approved for trademark agency by administration.

Trademark application agency
Report on trademark retrieval;
Advice on trademark application by trademark laws and regulations in China;
Application for trade mark.

Other Agency
Trademark inquiry, renewal, transfer, modification, authorization record, opposition, review, etc.

Trademark Infringement Combating
Against the manufacture, sales, publicity, payment and other aspects concerning trademark infringement.
Method: litigation, administrative complaint, trademark record in custom.

READ MORE

Copyright Legal Service

Copyright Application
Copyright registration of literary works, fine works, software works, music works, etc.

Infringement Combating
Against any website infringing the copyright of literary works, fine works, software works, music works;
Scope: comprehensive combating on infringement related to the infringing website’s domain name, IDC hosting, website promotion, pay link and other aspects.
Method: lawyer’s letter, administrative complaint, litigation.

Policy Consultancy
Our attorneys are expert in China laws and administrative policies on copyright.

READ MORE

Patent Legal Service

Administrative Affairs
Drafting patent application, patent claims and other documents
Patent application;
Paten re-examination application, drafting application document, re-examination statement or reasons and other documents;
Invalid patent application, drafting application document, statement or reasons and other documents;
Communication and negotiation with patent officer in the process of patent application and dispute settlement.

Patent Strategy
Establishment of patent protection system, determination on the protection scope of peripheral patent and the establishment of patent pool.

READ MORE

Trade Secret Legal Service

There has promulgated no Trade Secret Law in P.R.C, while the regulations concerning trade secret are respectively provided in Anti-unfair Competition Law, Labor Contract Law and other laws or regulations, such complicated legislation makes it crucial for international companies in China to maintain the legality and effectiveness of any legal documents containing trade secret. 

Drafting and Modification of Legal Documents
Localizing clients’ documents related to trade secret by China laws and regulations;
Drafting various legal documents concerning trade secret on clients’ demands, including the Confidential Articles of Association, Non-infringement Undertaking, Non-disclosure Agreement, Non-competition Agreement, Project Non-disclosure Agreement, Confidential Undertaking, etc.

READ MORE

Foreign Investment Legal Service

Establishment
Drafting feasibility report, the articles of association, application and other documents basing on the materials provided by the client;
Reply to clients’ questions in the process of company establishment, advising and solution preparation and solution designing;
Handling the approval and administrative registration procedure of company establishment;
Handling the registration in foreign exchange administration, tax authority, statistics department and financial department;
Application for general taxpayer identification;
Services on other matters regarding company establishment.

READ MORE

Corporate Legal Service

Daily Operation
Regulation and completion on the procedure of shareholders meeting’s establishment, convening, deliberation, voting, and specification on the authority scope;
Regulation and completion on the procedure of the election and alteration of director, the convening of board meeting, matters to be voted and authority scope;
Attending the board meeting and other important meetings;
Regulation on the procedure of sealing approval and record;

Investment
Company investment, including the establishment of wholly owned subsidiary;
Modification on joint venture contract or the articles of association, increase on registered capital, establishment of branches and any other legal matters subject to administrative approval or registration, and assistance in application submitting and communication related.

READ MORE

Labor Legal Services

Establishment of Labor and Personnel System
Setting up the labor and personnel system corresponding to China labor laws and regulations, including labor contract managing system, remuneration system, working time system, rest and vacation system, rewards and punishment system, social insurance system;
Drafting sample of labor contract, staff manual and other documents related.

Non-litigation
Consultancy on enquiry of labor matters;
Drafting of non-disclosure agreement, training agreement, competition restriction agreement, etc;
Participation in collective bargaining, evidence collection, lawyer’s letter, investigation on employee’s background.

READ MORE

Introduction of Paralegals

Mr. Huang Mengren

Paralegal at DeBund Law Offices

【Qualifications】

• Mr. Huang passed the Bar Examination in 2009.

【Practice Areas】

• Civil and commercial legal practices involved with foreign and Taiwanese affairs.

【Education】

• LLB, East China University of Political Science and Law

【Working Experiences】

• Intern, Shanghai Zhabei People’s Court

【Languages】

• Chinese and English

Ms. Zhang Yi

Paralegal at DeBund Law Offices

【Qualifications】

• Ms. Zhang passed the Bar Examination in 2008.

READ MORE

Introduction of Attorneys-at-law


Mr. Albert Chen,

Attorney-at-law at DeBund Law Offices


【Qualifications】

• Mr. Chen has been practicing law since 2011.

【Practice Areas】

• Intellectual property; Corporation ffairs; Labor & personnel; civil practices.

【Education】

• LLB, Shanghai International Studies University, 2008

【Working Experiences】

• Attorney-at-law, Shanghai JoinWay Law Firm.

【Languages】

• Chinese and English

Mr. Luo Yanjie

Paralegal at DeBund Law Offices

【Qualifications】

• Mr. Luo passed the Bar Examination in 2009.

READ MORE

Advertisements Law of the People‘s Republic of China

Advertisements Law of the People‘s Republic of China

Adopted at the 10th session of the standing committee of the Eighth National People‘s Congress on October 27, 1994, promulgated by Order No. 34 of the President of the People’s Republic of China on October 27, 1994, and effective as of February 1, 1995.

Chapter I General Provisions

Article 1 This law is formulated to regulate advertising activities, to promote the sound development of the advertising sector, to protect the lawful rights and interests of consumers, to maintain the social and economic order, and to let advertisements play an active role in socialist market economy.

READ MORE