Bad Faith TM Applicants, Bad News
Harris Bricken China Law Blog
by Fred Rocafort
4h ago
The China National Intellectual Property Administration (CNIPA) has published a draft revision of the country’s Trademark Law and called for comments from the public. In our first post on the potential implications of the revised law for international brands, we looked at proposed changes to the definition of what constitutes a trademark and the absolute grounds for China Trademark Office refusal of a trademark application. Today we turn our attention to the draft law’s provisions regarding bad faith trademark applications. Bad faith trademark applications have long been a grave problem for in ..read more
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Cease and Desist Letters to Protect Your IP: Just the Facts and Law
Harris Bricken China Law Blog
by Dan Harris
1d ago
My law firm often gets calls from companies alleging “a company is selling their product under their trade name on Amazon” and asking us to send a cease and desist letter “right away” to get that company to stop violating their IP. Our typical response is to say it is seldom a good idea to just “whip out” a cease and desist letter. We need to know more of the facts first, and then plan a strategy after that. The facts influence whether a cease and desist letter makes sense at all (they usually do), and what we will say in that letter. The goal is to get the infringing company to stop shipping ..read more
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Draft Revision to China’s Trademark Law
Harris Bricken China Law Blog
by Fred Rocafort
6d ago
The China National Intellectual Property Administration (CNIPA) has published a draft revision to China’s Trademark Law and called for comments from the public. In this post and others that will follow, we will look at the most significant proposed revisions and consider how they might impact foreign businesses. Today we begin by looking at some proposed changes regarding the definition of what constitutes a trademark and the absolute grounds for the refusal of a trademark application. At the moment, China’s Trademark Law defines trademarks as “any signs, including words, graphs, letters, numb ..read more
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Five Potential Shocks to your Chinese Supply Chain in 2023
Harris Bricken China Law Blog
by Dan Harris
1w ago
Last year, I asked my good friend Andrew Hupert to explain what is involved in moving manufacturing from China to Mexico. I chose Andrew for this because he has spent so much time in both China and Mexico, navigating their manufacturing systems from the inside. My law firm frequently consulted with Andrew when we first started doing China legal work, and at that time Andrew was living in China. Though Andrew had for decades tied his life and career to China, he — like me — was one of the earliest proponents of a post-China manufacturing world. So much so that Andrew moved to Mexico, reinv ..read more
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Mexican Supply Chain Management: You’re not in China Anymore
Harris Bricken China Law Blog
by Dan Harris
1w ago
Last year, I asked my good friend Andrew Hupert to explain what it takes to move manufacturing from China to Mexico, in large part by comparing the two countries. I chose Andrew for this near-Herculean task because he has spent so much time in both China and Mexico, navigating their manufacturing systems from the inside. My law firm frequently consulted with Andrew when we first started doing China legal work, back when Andrew was living in China. Though Andrew had for decades tied his life and career to China, he — like me — was one of the earliest proponents of a post-China manufacturin ..read more
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January 31 Webinar: Leaving China for Mexico and the Opportunities and the Challenges of Nearshoring
Harris Bricken China Law Blog
by China Law Blog
2w ago
Register Here China’s increasing risks and costs are leading many companies to consider leaving China or reducing their dependency on it. This is particularly true of companies that have their products made in China. Many of these companies are looking to set up manufacturing in Mexico. But leaving China for Mexico has its own risks, as does manufacturing in Mexico.  Join our panelists on January 31 (beginning at noon Pacific Time, 3:00 p.m. Eastern Time) as they lay out the challenges of leaving China for Mexico and the pros/cons of nearshoring to Mexico. This webinar will provide you wi ..read more
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January 17 Webinar on The Outlook on US-India Collaboration
Harris Bricken China Law Blog
by China Law Blog
2w ago
Join us on January 17 at 10:30 Eastern Time Click Here to Attend (no registration required) India is one of the most mentioned countries as a “China replacement.” And though we do not believe any one country will replace China, we are increasingly seeing companies moving their manufacturing and other businesses from China to Mexico. We also are seeing the relationship between the two largest democracies in the world quickly deepening and growing. See e.g., Apple starts hiring spree for first flagship stores in India and Apple’s $2.5 billion iPhone shipments from India hint at a major manufactu ..read more
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VCs and PEs Hunting for China Deals Still Need an Exit Plan
Harris Bricken China Law Blog
by Jonathan Bench
2w ago
December was a typically busy transactional month for our China team with the end of the calendar tax year looming. We were brought onto a China acquisition by one of our PE clients mid-month, and we closed before the end of the year. This cyclical frenetic pace of closing deals has caused me to reflect on various forces that motivate VC and PE fund managers to make deals. All fund managers are responsible to identify market opportunities, research acquisition targets, deploy capital, and ensure that the investment criteria fit within the fund’s focus and life cycle. Most funds have a 10-year ..read more
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Three Mistakes We Made in China and Three Things We’ll Get Right in Mexico
Harris Bricken China Law Blog
by Dan Harris
3w ago
Last year, I asked my good friend Andrew Hupert to explain what is involved in moving manufacturing from China to Mexico, in large part by comparing the two countries. I chose Andrew for this near-Herculean task because he has spent so much time in both China and Mexico, navigating their manufacturing systems from the inside. My law firm frequently consulted with Andrew when we first started doing China legal work, and at that time Andrew was living in China. Though Andrew had for decades tied his life and career to China, he — like me — was one of the earliest proponents of a post-China manuf ..read more
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China’s Business and Negotiating Culture: Good Luck with That
Harris Bricken China Law Blog
by Dan Harris
3w ago
A client yesterday emailed me an article he had saved since 2007 and in his email he remarked how “when it comes to dealing with, the core — dealing with Chinese businesspeople — never changes.” Not so sure nothing really changes, but I am sure that what this article describes about dealing with China has not changed much, if at all. The article is called Negotiations, Strategies, and Experiences and it was written by David Dayton, who has been working in and with Asia for 30+ years and who is fluent in Mandarin and has a PhD in Chinese Corporate Cultural Anthropology. So yeah, when it comes t ..read more
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