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.
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.
In 2021, due to lack of jurisdiction, a Chinese court in Liaoning Province ruled to dismiss applications for enforcing three South Korean judgments in KRNC v. CHOO KYU SHIK (2021).
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.
