Basic Differences Between US & Chinese IP Law

If you are a private label seller and you manufacture your own products, chances are you are manufacturing in China.

What Conor’s working on is a book providing sellers info. they need to protect themselves under Chinese IP law named, The Sellers Guide to IP Law.

The Sellers Guide to IP LawThis book is targeted at sellers who are interested in entering the Chinese market, which is a huge opportunity for ecommerce. In the book, Conor goes through step-by-step all the different intellectual property rights that you can get in China.

Intellectual property includes copyright law, trademark law, patent, trade dress, and much more. Chinese IP law can also be used by domestic sellers so you could learn how to protect yourself from your own factories producing your goods and selling them.

What is the biggest difference between U.S. / European and Chinese intellectual property law?

One of the biggest differences is under trademark law. In both the U.S. and Europe, when you have a trademark, you can file that under a first to use trademark. Whereas in China, it is the opposite. It is first to file.

There are countless stories and situations where someone will be using a trademark in the United States for 20 years and now finally their business hit the big time. They then go over to China only to find that somebody has already filed their trademark 5 years ago. That is obviously something you should try to avoid.

What the international categories are & what differences are between most of the world & China:

When you are filing a trademark in the United States, there are a certain number of categories you file your mark under. In China, they look at this differently. They look at all the ways that your mark may be affecting the government, religion, political ideas, etc. Instead of having the 25 international categories, they have hundreds and hundreds of subcategories for your product.

Another difference is that in the U.S. there is a presumption in favor of your intellectual property rights, whereas in China, if you haven’t registered for that category, the presumption is against the rights owner.

The Sellers Guide to IP Law

ROSENBAUM FAMULARO, PC: law firm geared towards intellectual property law and brand protection in the global ecommerce marketplace.

CONTACT US: everything you say, all information you disclose, any business practices you discuss, are 100% confidential by law under the Attorney-Client Privilege.

Phone: 1-877-9-Seller

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