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Crossboarder Inheritance

Inheriting Assets in China: A Practical Legal Guide for Foreign Nationals and Cross-Border Families: Legal Framework, Procedures, and Planning

Author’s Preface As global mobility continues to reshape family dynamics, an increasing number of individuals hold foreign nationality or permanent residency while maintaining family ties and property in mainland China. When a loved one passes away, these individuals often face the challenge of navigating two legal systems simultaneously—grappling with their loss while trying to understand how Chinese law governs assets such as a Shanghai apartment, Shenzhen bank accounts, family business shares, or rural land-use rights. Common questions we encounter include: “Can I inherit as a foreign national?” “Must I travel to China for every step?” “Why does the notary request additional documents?” “Will I be subject to taxes?” “Is it possible to transfer the inherited assets abroad?” Generally, the answers are reassuring: foreign nationals have inheritance rights in China comparable to Chinese citizens; there is currently no inheritance or estate tax in mainland China; and there are lawful procedures to

October 27, 2026 No Comments

e-cigarette

Protecting Your Vape Intellectual Property: A Practical Legal Guide to Safeguarding Trade Secrets for International E-Cigarette Brands Collaborating with Chinese Manufacturers

Introduction: Why Prioritizing Trade Secret Protection in China Is Essential As the global e-cigarette market matures amid increasing regulations and fierce competition, safeguarding intellectual property has shifted from a behind-the-scenes legal issue to a critical strategic priority. International vape brands face dual pressures: stricter regulatory frameworks in the EU, UK, and North America, and rapid product innovation that places competitive advantage increasingly in intangible assets such as proprietary e-liquid recipes, unique hardware designs, supply chain expertise, and customer data. For brands manufacturing in China—which dominates the global vaping supply chain—protecting these assets is especially urgent. Chinese manufacturers provide unmatched scale, technical expertise, and speed to market. However, entrusting your most sensitive confidential information to partners operating under a different legal system and business culture naturally raises concerns. In advising international e-cigarette companies, a common question arises: “How can we effectively safeguard our confidential information when working with Chinese partners?” Some

October 24, 2026 No Comments

China Sourcing

When Your Chinese Buyer Stops Paying: A Practical Guide for Foreign Companies Recovering Unpaid Trade Debts Through Chinese Courts

If you’re reading this, you likely know the situation well. You shipped the goods, handed over the bills of lading, cleared customs, and the products arrived at your buyer’s warehouse in Shenzhen, Ningbo, or Qingdao. Then the excuses started: cash flow issues this quarter, quality concerns to discuss, the finance director is on leave. Emails slow down, WeChat messages go unanswered, and eventually your contact stops responding altogether. You’re left with unpaid invoices, shipment evidence, and a tough question: can a foreign company actually sue a Chinese buyer and get paid? The honest answer is yes—more often than foreign companies expect. Chinese courts handle tens of thousands of foreign-related commercial disputes annually, most involving this exact scenario: goods delivered, payment withheld, and a foreign seller seeking to recover owed money. The system isn’t hostile to foreign claimants. Court fees are reasonable, the process is faster than many international litigations, and

October 22, 2026 No Comments

Global IP Strategy

Understanding the Unseen Challenges in China’s Secondary IP Licensing Market: A Legal Guide for International Brand Owners

As a law firm specializing in intellectual property enforcement across China, we frequently encounter a critical oversight in how international brand owners manage their licensing chains. Many assume that securing a well-drafted master license agreement with a primary distributor is sufficient to control risks in the Chinese market. However, in a commercial ecosystem as layered and dynamic as China’s, trademark infringement often occurs at the secondary distribution level—a segment frequently overlooked yet holding substantial legal liability. Secondary distributors—entities that obtain sub-licenses from primary licensees and authorize downstream manufacturers—often operate under the misconception that they are mere intermediaries, insulated from infringement liability. Judicial practice across China tells a different story. These actors can be held directly and jointly liable for trademark infringement under Chinese law, creating both a vulnerability and an opportunity for rights holders. This article examines the legal exposure of secondary distributors under China’s trademark regime and offers strategic

October 12, 2026 No Comments

Cross-Border Legal Support

Selling Your Property in China from Australia: A Comprehensive Legal Guide for Australian Citizens — Including Power of Attorney, Identity Verification, Contracts, and Repatriating Your Funds

You purchased your Beijing apartment several years ago, and now, as an Australian citizen, with the Chinese property market cooling, you’re looking to transfer your funds back to Sydney. Here’s a clear overview of what you need to know to navigate this process smoothly. Every few months, my office receives inquiries from Australian citizens—often individuals who emigrated from China years or even decades ago—starting with a seemingly straightforward question: “I own an apartment in Beijing. I want to sell it and bring the money back to Australia. How difficult is that?” Based on my experience, my honest response is: it’s more complex than you might expect, but manageable with the right guidance. Successfully completing this process requires someone on the ground who understands the intricate bureaucratic requirements. The timing of these inquiries is no coincidence. After nearly 40 years of steady growth, China’s residential property market in major cities has

October 10, 2026 No Comments

Crossboarder Inheritance

Your Parent Has Left You the Beijing Apartment: A Practical Guide for Overseas Chinese on Navigating Relatives, Notaries, and Complex Paperwork When Inheriting Property in China

Each year, I receive a particular type of phone call that begins similarly. The caller, often speaking Mandarin with a softened accent from years abroad and occasionally mixing in English, explains that their parent in China has passed away, leaving behind property—an apartment in Beijing, Shanghai, Guangzhou, or sometimes a village house that has gained significant value. They mention that their parent left a will or had made it clear for decades that the property belongs to them, the child living overseas. Then comes the crucial concern: “But I now hold a foreign passport, and my cousins are disputing the will’s authenticity.” If you are an overseas Chinese citizen—whether from the United States, Canada, Australia, or elsewhere—expecting to inherit property in China, I encourage you to read this before attempting to resolve matters during a brief visit. The gap between “the property is obviously mine” and “the property is officially

October 10, 2026 No Comments

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

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