What Types of Foreign Judgments Can Be Enforced in China?
Most civil and commercial foreign judgments can be enforced in China, except for those relating to intellectual property, unfair competition and anti-monopoly disputes.
Most civil and commercial foreign judgments can be enforced in China, except for those relating to intellectual property, unfair competition and anti-monopoly disputes.
Because it can help you accurately identify your debtor.
If your product will enter the Chinese market sooner or later, you’d better register your trademark in China.
You can check or verify the basic information of Chinese companies on this official platform via the link (http://www.gsxt.gov.cn/index.html). The information here is the most authoritative and timely.
You need to understand the threshold and criterion for the enforcement of foreign judgments in China. If your judgment can pass the threshold and meet the criterion, you may consider enforcing your judgments in China to collect your debts.
Yes. If you and another applicant both apply to register an identical or similar trademark, whoever files the application first shall own the trademark.
Normally, it takes 10-12 months to register a trademark in China.
You’d better preserve the debtor’s property through the court to prevent the debtor from evading debt by transferring assets.
Given the large scale of China’s trade, even the chance of getting bad debts is small, the impact on international creditors and amount of liabilities arising therefrom should not be underestimated.
If you have not registered your trademark in China, the answer is NO.
In March 2022, with the approval of China’s Supreme People’s Court (SPC), a local court in Shanghai ruled to recognize an English monetary judgment.
It is not easy to demand payment from the debtor, either to ask the buyer to pay for the goods or to ask the supplier to return the money (in case of a failed transaction).
You can register an intellectual property rights (IPR) complaint account on Alibaba (including Taobao, Tmall, 1688.com and Alibaba.com) and file a complaint against counterfeit products in person or through an agent.
It means enforcing foreign judgments in China will not be much harder than that in other foreign judgments friendly countries.
In practice, as an agency specializing in China-related debt collection, we have noticed that small and medium-sized enterprises (SMEs) are often more likely to get into situations where they are owed money by their Chinese partners.
You only need to prepare proof of identity, proof of intellectual property rights (IPR) and proof of authorization.
The webinar ‘Cross-border Commercial Dispute Resolution – HCCH 2005 Choice of Court and 2019 Judgments Conventions’ will take place on Wednesday, July 27 between 3 to 6pm (Singapore time). This event is organized jointly by the Asian Business Law Institute (ABLI) and the Permanent Bureau of the Hague Conference on Private International Law (HCCH).
In international trades, many traders do not always use formal contracts when doing business in China. Instead, they use simple purchase orders (POs) and proforma invoices (PIs), which do not cover all the details of the transaction.