The answer is YES, as long as the international sales of goods contracts are concluded between parties whose places of business are in different Contracting States of the United Nations Convention on Contracts for the International Sale of Goods (the “CISG”). In such cases, the Chinese courts shall apply the Convention automatically.
Tuesday, 27 September 2022, 6:00-7:00 Istanbul Time (GMT+3)/11:00-12:00 Beijing Time (GMT+8)
Alper Kesriklioglu, Founder Partner of Antroya Consulting and Law Office (Turkey), and Chenyang Zhang, Partner of Tian Yuan Law Firm (China), will take participants on a journey to discover the landscape of debt collection in Turkey and China. With interactive discussion, we will explore efficient and practical strategies, methods and tools to collect payments.
The minimum cost is USD 50 for trademark registration fees plus hundreds of dollars for agency fees.
In 2021, the Superior Court of Washington for King County ruled to recognize a judgment of a Beijing local court, marking the first time for a Washington state court, and the sixth time for a US court, to recognize and enforce Chinese monetary judgments (Yun Zhang v. Rainbow USA Investments LLC, Zhiwen Yang et al., Case No. 20-2-14429-1 SEA).
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.
In 2022, Guangzhou Intermediate People’s Court of China ruled to partially recognize and enforce three EB-5 visa fraud-related judgments rendered respectively by the US District Court for the Central District of California and the Superior Court of California, County of Los Angeles.
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.
In 2022, the New South Wales Supreme Court of Australia ruled to recognize two Chinese civil settlement statements, which were considered as ‘foreign judgments’ under Australian law (Bank of China Limited v Chen [2022] NSWSC 749).
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.
In 2019, due to parallel proceedings, Shenzhen Intermediate People’s Court of China ruled to dismiss the application for enforcing a New Zealand judgment (Americhip, Inc. v. Dean et al. (2018) Yue 03 Min Chu No. 420 ).
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 2020, Ningbo Intermediate People’s Court of China ruled in Wen v. Huang et al. (2018) to recognize and enforce a US judgment, marking the third time that American monetary judgments have been enforced in China.
