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How to do Business with China Without Having to go to China: Licensing Deals

Tuesday, 4th March 2020

"Both here on the blog and in real life with our clients, our China lawyers are always touting the benefits of licensing products, intellectual property, brands, technology and content to China. Licensing deals make sense under many circumstances, but they make particular sense in situations where it is difficult or impossible to get your product, technology or content into China any other way. With the coronavirus, getting product into China has become more difficult.

As a preliminary matter, before you license anything to anyone in China, you should register your intellectual property in China. This means registering not only your English-language trademarks but also the Chinese-language versions of those trademarks. If the Chinese-language versions don’t exist, it’s time to create them. That also means registering copyrights for any meaningful content. China is a signatory to the Berne Convention and therefore a valid copyright in the US or Europe is valid in China without registration, but for practical purposes, it’s much easier to enforce a copyright in China if you have registered it in China. This often means registering your patents in China as well.

Do not delegate the task of registering your IP in China to your Chinese licensee. The licensee’s interests may not always be aligned with yours.

Once you have registered your IP in China, you should draft an enforceable contractto protect your interests in China as against  your Chinese licensee. A contract with the licensee’s Hong Kong affiliate, with disputes resolved by arbitration in Hong Kong (or any other country other than Mainland China), does not achieve these goals for mainland China.

A properly drafted China content licensing agreement should address the following issues:"

Read in full:  


Web-link: http://www.chinalawblog.com/2020/02/how-to-do-business-with-china-without-having...
Language: English
Contact: Dan Harris


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