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Software Copyright

A Strategic Guide for Overseas Software Copyright Owners in Chinese Litigation

For foreign software copyright holders, particularly those from the United States and Europe, China represents a vast market filled with opportunities, yet it also poses significant legal challenges. The prevalent unauthorized use of software—ranging from corporate users installing unlicensed copies to organized piracy networks—necessitates a comprehensive understanding of how to effectively enforce intellectual property rights within China’s judicial framework. The revised China Copyright Law implemented in 2021, marked a new era of enforcement by introducing higher statutory damages and stronger deterrents against infringement. However, foreign companies continue to encounter distinct procedural and substantive challenges compared to Western legal systems. By examining the notable case Alt-N Technologies, Ltd. v. Shenzhen Fengmou Communication Equipment Co., Ltd., we will explore essential strategic considerations for successfully protecting rights in China. The Critical Need for Local Legal Representation An important initial step for a foreign software company considering litigation in China is choosing the right

March 24, 2026 No Comments

border control

A Legal Guide for Foreign Nationals Facing Border Control Crimes in China

Introduction Recently, while defending a foreign tennis coach accused of illegally crossing the national border, I noticed a significant increase in the enforcement of border control laws. What might be viewed as a minor administrative matter in other countries can be regarded as a criminal offense in China. The concept of the Three Illegals (San Fei)—illegal entry, illegal residence, and illegal employment—has shifted from being an internal police concern to a primary focus of public security initiatives. Understanding the Three Illegals Concept and the Administrative Framework To comprehend the criminal consequences, it is essential first to understand the administrative system. The term Three Illegals (San Fei) refers to the three most frequent breaches of China Exit and Entry Administration Law. The first is illegal entry, which means entering China without using authorized entry points, bypassing border checks, or employing forged documents. The second is illegal residence, which occurs when a

March 23, 2026 No Comments

ChinaTrade

A Legal Overview of Trade Fraud in China and Methods for Recovery

Introduction For many years, China has earned its well-deserved title as the World Factory, combining vast manufacturing capabilities, efficient supply chains, and competitive prices. For international buyers, sourcing from China is often a vital part of their global business plans. However, beneath this dynamic market lies a complex and sometimes risky environment. While most businesses operate legitimately, a persistent and evolving network of fraudulent actors exploits the trust, distance, and legal unfamiliarity of foreign purchasers. Starting from 2026, in less than four months, I have seen firsthand the severe financial and emotional impact these scams have on foreign companies. The victims are not only small or inexperienced buyers; even well-established multinational trading firms can be caught in sophisticated frauds involving fake documents, shell companies, and intricate misrepresentations. This article seeks to reveal the workings of trade fraud currently widespread in China. Using real-life examples—from the Dual VIN heavy truck scandal

March 22, 2026 No Comments

China Copyright

China Music Industry: Understanding Copyright Ownership, Re-recording, and Statutory Licenses

I. Introduction: The Worldwide Battle Over Masters The recent high-profile conflict between G.E.M. (Deng Ziqi) and her former management company has caused significant waves in the Asian entertainment scene. Central to this dispute is a situation familiar to industry watchers globally: an artist attempting to re-record their own songs to escape the control of a record label, only to be accused of copyright infringement. This situation closely resembles Taylor Swift’s widely publicized efforts to regain control of her musical catalog by re-recording her early albums. Although the details of G.E.M.’s case are specific and currently under legal review, the legal issues involved are universal but carry unique complexities under Chinese Copyright Law. For international music companies, independent artists, and labels aiming to enter or grow in the Chinese market, grasping these subtleties is not just theoretical—it is crucial for safeguarding their assets. This article seeks to break down the Chinese

March 16, 2026 No Comments

Contract Disputes

The Hidden Threats in Global Trade: Managing the Risks of Counterfeit Chinese Suppliers

Introduction: Understanding the Li Gui Challenge in Commerce China has long been recognized as the world manufacturing powerhouse, renowned for its exceptional production capabilities and efficient supply chains. Yet, beneath this dynamic marketplace lies a complex and growing challenge that even experienced international buyers face: the Li Gui phenomenon—a Chinese term describing impostors who pose as legitimate individuals. In global trade, this refers to fraudulent entities impersonating reputable Chinese manufacturers to deceive foreign buyers. Recently, I have noticed a concerning and recurring pattern. A foreign client, confident in their due diligence, engages with a supplier who presents a professional image—complete with a polished website, a name closely resembling a well-known state-owned enterprise, and competitive pricing. After payments are made, communication fades, shipments are delayed or compromised, or the goods never arrive. When the buyer seeks to assert their rights, they uncover a harsh reality: the supplier is a shell company

March 6, 2026 No Comments

Legal Insight: No Exit for the Defiant — How China Enforces Judgments Against Foreign Nationals

Over the past year, I have handled several civil and criminal cases involving exit restrictions imposed on foreign nationals. Many expatriates remain unfamiliar with these enforcement measures. Drawing on the cases I have personally managed—appropriately anonymized—I will provide an introduction to this subject. Executive Summary In the realm of international business, a common and risky misconception persists among foreign investors and expatriates dealing businesses with Chinese companies: that holding foreign nationality offers protection from Chinese law. Many believe, mistakenly, that in cases of commercial disputes or debt issues, one can simply leave the country and avoid settling liabilities, leaving creditors with unenforceable judgments.This belief is not only legally incorrect but also exposes individuals and businesses to significant operational and personal risks. Under current judicial practices in the People’s Republic of China, foreign nationality rarely serves as a valid defense against enforcement actions. The Chinese legal system has strong mechanisms to

February 19, 2026 No Comments

china labor law

The Invisible Boundary: Understanding the Challenges of Working in China as a Foreigner

China economic growth is often highlighted through its infrastructure, trade, and manufacturing strengths. However, beneath major projects like the Belt and Road Initiative and the impressive skylines of major cities, a quieter but significant change is happening. The makeup of China workforce is evolving as foreign professionals become essential contributors—from top executives in Shanghai’s multinational companies to technical staff in the Greater Bay Area. Yet, for many expatriates and multinational HR teams, China labor market presents a unique legal environment where missing a single document can mean losing all labor law protections. For better advising clients on relocating, seconding, or hiring directly in China, grasping the details of Labor Relationship Recognition is crucial for managing risks. China legal system treats foreign employment with strict regulations that can surprise those used to more relaxed Western systems. The key rule is clear: without official administrative approval, no labor relationship exists, and without

February 15, 2026 No Comments

Trapped at Border: A Practical Guide to Handling Exit Bans in China

Introduction: The Hidden Risk in the Chinese Market For foreign executives, China offers vast opportunities but also significant complexities. After years of navigating supply chains, joint ventures, and regulatory requirements, there remains a risk that often surprises even the most experienced professionals: the exit ban, known in Chinese legal terms as biankong. This situation feels more like a suspense novel than a routine business trip. Imagine standing at the immigration desk at Shanghai is Pudong International Airport or Beijing Capital Airport, boarding pass ready to return home. Suddenly, after scanning your passport, the officer hesitates, types something, and the computer signals an alert. You are asked to step aside and then informed you cannot leave China. Usually, this is not due to criminal charges but rather a commercial dispute. This threat is very real. I recently served as legal counsel for a Turkish client representing a foreign manufacturing company who

February 6, 2026 No Comments

Criminal Enforcement

Introducing a New Era of Design Protection in China’s Jewelry Market

From Administrative Actions to Criminal Enforcement: Enhancing Jewelry Protection China’s intellectual property enforcement is undergoing a major shift that redefines artistic protection and reflects a more mature legal system for creative industries. For years, international brands in China struggled to protect their industrial designs, often relying on administrative seizures that only temporarily disrupted counterfeiters, leaving design-focused business models exposed. However, a landmark ruling in late 2025 has fundamentally changed this by setting a strong precedent for protecting jewelry and fashion accessories through criminal copyright law. This landmark case involved the renowned fashion jewelry brand APM MONACO, which successfully pursued criminal copyright charges against a large counterfeiting network in Shanghai. Unlike typical administrative measures, this was the first criminal copyright case in China’s jewelry sector to result in a public sentencing. In November 2025, the Huangpu District Court in Shanghai issued a decisive judgment, sentencing and fining the leaders of an

February 6, 2026 No Comments

China Trademark Law

Effective Approaches to Address Absolute Grounds for Trademark Refusal in China

In the past three years obtaining trademark registration in China has become increasingly challenging. Notably, the absolute grounds for refusal stipulated in Article 10, Paragraph 1, Items 7 and 8 of China Trademark Law have emerged as significant hurdles in securing trademark rights. High Upholding Rate of Refusals on Review Article 10, Paragraph 1, Item 7 prohibits the registration and use of trademarks that are deceptive or likely to mislead the public regarding the quality or origin of goods. Item 8 forbids trademarks that harm socialist moral standards or have other adverse effects. These provisions have broad and evolving scopes and currently serve as key bases for refusals and enforcement actions involving trademarks related to health claims, ethnic sentiments, military terms, and more. Data from China National Intellectual Property Administration (CNIPA) shows a sharp increase in trademark refusals based on absolute grounds since 2022, with deceptiveness becoming a primary focus.

January 28, 2026 No Comments

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