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Acquiring Chinese and English Trademarks in China — Strategic Guidance and Action Plan

INTRODUCTION China stands as the world’s second-largest consumer market and is increasingly essential for international brands. Its e-commerce platforms operate on an unparalleled scale, with cross-border trade, manufacturing partnerships, and distribution networks deeply intertwined with or competing within China. Despite these vast opportunities, China remains a challenging environment for brand owners who delay securing their rights. This challenge stems from China’s first-to-file trademark system. Generally, the first individual or entity to file a trademark application in China gains priority—even if a later filer is the original, globally recognized brand owner. Having established goodwill in Europe or North America does not automatically confer trademark rights in China. For foreign companies, this creates a dual reality: filing early secures strong, enforceable, and commercially valuable rights; delaying risks squatters, distributors, joint-venture partners, former agents, or competitors registering your brand or its Chinese equivalent first. Many foreign companies are also surprised to learn that

September 24, 2026 No Comments

Software Copyright

Before You Leave: How China’s Courts Have Changed the Definition of Trade Secret Theft — And What This Means for Foreign Companies

For many years, the common belief about protecting trade secrets—both in China and internationally—was straightforward: if an employee copies confidential information but neither shares it with a competitor nor uses it, at worst they have broken company rules but not committed a legal offense. The logic was that without sharing, no information leaks; without use, no competitive harm occurs; and without harm, the law has no grounds to act. As a result, many employers who found that a departing engineer had copied source code onto a personal device often dismissed it, retrieved the device, and moved on. Likewise, many employees thought that as long as the copied files stayed on their private drives, they were operating in a legal gray area at most. That intuitive approach has now officially ended. In 2024, China’s Supreme People’s Court Intellectual Property Tribunal issued a landmark appellate ruling (case number (2023) Zui Gao Fa

September 4, 2026 No Comments

Property Tax

Selling Chinese Real Estate from Overseas: A Practical Guide to Title, Tax, Foreign Exchange and Remittance Compliance

Introduction: The sale is not finalized upon signing the contract For overseas Chinese descendants or foreign nationals owning property in China, selling real estate might seem straightforward. The seller finds a buyer, signs a sales contract, receives payment in renminbi, pays applicable taxes, and requests a Chinese bank to convert the remaining funds into foreign currency and transfer them abroad. However, the real challenge often lies not in whether the property can be sold, but in proving to the real estate authorities, tax bureau, and bank that the seller is the rightful owner who acquired the property legitimately, is entitled to the proceeds, that the transaction is genuine, taxes have been settled, and the amount requested for remittance does not exceed the seller’s lawful after-tax share. This distinction is especially important for those who have lived outside China for many years, changed nationality, obtained Hong Kong, Macao, or Taiwan identification,

August 24, 2026 No Comments

A Strategic and Procedural Guide for Foreign Nationals and Companies to Retain Criminal Defense Lawyers in China

For foreign executives, expatriates, and multinational companies operating in China, becoming involved in the Chinese criminal justice system is one of the most serious and challenging legal crises they can face. When a foreign individual is detained on suspicion of a crime—whether related to corporate embezzlement, commercial bribery, customs fraud, intellectual property violations, or accidental regulatory breaches—the top priority is to secure qualified legal representation. However, China’s legal system enforces strict, detailed, and complex procedures for foreign nationals to retain defense lawyers. Understanding these procedural requirements is not just a formality; it is essential to mounting an effective defense. Failure to comply with the exact documentation, authentication, and procedural rules set by Chinese law can lead to extended detention without legal counsel, prejudgment of the case, and serious harm to the individual’s freedom and the company’s operations. Foreign parties must first accept a key fact about China’s legal system: foreign

August 24, 2026 No Comments

China Sourcing

Protecting Fashion, Art, and Brand Value in China: A Practical IP and Licensing Guide for Foreign Companies

Introduction: Understanding the Unique Value of Fashion Products For foreign fashion houses, designer labels, sports organizations, museums, artists, or lifestyle brands entering the Chinese market, the commercial value of a product extends far beyond the physical item itself. A dress, for example, may represent an original design concept, a distinctive pattern, a trademark, a celebrity collaboration, a licensed character, a meticulously developed production process, and years of brand-building efforts. Commercially, these elements are intertwined; legally, however, they are safeguarded by different rights, governed by various rules, and often require distinct types of evidence. This distinction becomes especially important when a product is copied. Companies might mistakenly believe that a garment resembling theirs automatically infringes copyright or that registering a design drawing with a copyright agency will prevent others from producing similar items. Such assumptions are risky under Chinese law. Conversely, companies may undervalue the protection offered by registered trademarks, the

August 17, 2026 No Comments

China Trademark Infringement Damages

Legal Doctrines and Practical Takeaways from Louis Vuitton Malletier v. Molly Tea

This is the second analytical article regarding the LV and Jasmine Milk Tea case. Recently, under significant public pressure, the Suzhou Intermediate People’s Court released the full text of the judgment. A Chinese translation of the judgment can be found at the following link. Additionally, the industry has engaged in extensive commentary following the publication of the judgment. The 2025 trademark infringement decision in Louis Vuitton Malletier (LV) v. Molly Tea, rendered by the Suzhou Intermediate People’s Court, has generated extensive international public discourse, much of which is predicated on misleading interpretations. These include assertions that the ruling confers monopolistic rights upon foreign brands over traditional Chinese decorative motifs dating back millennia, that consumer confusion between mass-market tea products and luxury leather goods is implausible, and that foreign rights holders encounter systemic prejudice within Chinese intellectual property (IP) adjudications. A significant portion of public commentary reaches conclusions without a thorough

July 30, 2026 No Comments

AUCL

A Playbook for International Brands Tackling Trade Dress Copycats in China

If you are a foreign company operating or planning to operate in China, there is a strong possibility that one day you might discover your flagship product has been replicated. Not only the product itself but also its packaging—the color, shape, distinctive pink ribbon on the label, and the overall carefully crafted design—may appear on a Chinese e-commerce platform, sold at a significantly lower price under an unfamiliar brand name. Welcome to the dynamic, complex, and intriguing landscape of intellectual property enforcement in China. If you encounter this challenge, remain calm. You are not alone, and importantly, there are legal avenues available to you. However, successfully navigating the Chinese legal system requires a deep understanding of how local courts interpret unfair competition, trade dress protection, and the complex network of supply chain participants who facilitate counterfeiting. To shed light on this process—and to emphasize the importance of experienced legal counsel—let

July 20, 2026 No Comments

The Intriguing Chinese Trademark Dilemma: Jasmine Milk White and Louis Vuitton’s Million-Dollar Floral Trademark Dispute

If you are an executive, general counsel, or intellectual property director for an international brand, you likely have a clear and reassuring understanding of how trademark law operates. Over the years, you’ve built a portfolio of iconic designs, distinctive patterns, and instantly recognizable logos. You’ve successfully navigated trademark disputes in the United States, the European Union, and perhaps Japan. You understand the rules in these regions—such as how certain common patterns, like checkerboards or four-petal flowers, are often regarded as part of the public domain and cannot be exclusively owned by any one company. While you may have occasionally been frustrated by competitors using similar designs, you’ve generally respected the legal boundaries between your brand and general design style. Then, you turn your attention to China. Here, the rules don’t just change—they are completely upended, creating a complex and often surprising legal environment. Welcome to the intriguing and challenging world

July 13, 2026 No Comments

Criminal offenses by foreigners

A Guide to the Chinese Criminal Justice System for Foreign Businesses and Executives

For foreign corporations doing business in China, as well as for expatriate executives and individuals, the possibility of finding oneself caught up in China’s criminal justice system can be deeply unsettling. The way proceedings are handled, the rights afforded to the accused, and the available means of defense in China are fundamentally different from those in common law countries or other Western legal systems. When a foreign national or a foreign-invested company is subject to a criminal investigation in China—whether the allegations involve commercial bribery, embezzlement, smuggling, theft of intellectual property, or tax evasion—the risks are extremely high. The result of the case affects far more than the personal freedom of those involved; it also determines the company’s ability to continue operating and its reputation in the market. In these high-pressure situations, foreign entities are often misled into thinking they can simply wait for the investigation to resolve itself, or

July 1, 2026 No Comments

Software Copyright

Significant Changes Coming to China’s Software Copyright Registration Process in 2026

For nearly twenty years, foreign companies operating in China have regarded software copyright registration as a simple administrative task. It was commonly accepted that submitting the necessary documents to the China Copyright Protection Center (CPCC) would, aside from minor clerical mistakes, quickly lead to the issuance of a registration certificate. This certificate was essential for enforcing intellectual property rights, participating in government procurement, and obtaining various technology-related incentives. However, the situation has fundamentally and permanently changed. Starting in 2026, China has launched a comprehensive and forceful reform of its software copyright registration system. This is not a minor policy tweak but a systemic upheaval aimed at eliminating a deeply rooted gray market. For foreign businesses, grasping the details of this new regulatory framework is not just about administrative compliance—it is a crucial business necessity that affects their ability to operate, compete, and safeguard their technological assets in China. The 81.18%

July 1, 2026 No Comments

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