Great article from Harris Bricken.. sometimes we wonder with their downright honesty how thay manage to remain in the country !
The article mainly discusses TM registration and is a must read at if you want to understand how to avoid the endless pitfalls of TM registration in China.
The quote from the article that interested us most and , we imagine, is litlle understood by those outside China
Finally, keep in mind that working against your interest as client might be your lawyer’s patriotic duty in China. According to the Law on Lawyers, “In his legal practice, a lawyer must abide by the Constitution and laws, and strictly observe lawyers’ professional ethics as well as discipline governing their legal practice . . . . In legal practice, a lawyer shall subject himself to supervision of the State, society and the parties concerned.”
In other words, lawyers in China are expected to be loyal to the Communist Party, and in fact many lawyers have been required to take loyalty oaths “aimed at ‘strengthening lawyers’ ideological and political education.’” Under these circumstances, it is simply unrealistic to expect there will be any meaningful pushback against government pressure but all from the most idealistic lawyers—who are much more likely to be representing dissidents than helping foreigners register trademarks and patents.
And to be honest, questions of loyalty are ultimately irrelevant. As Steve Dickinson has consistently warned in a recent series of posts and webinars about China’s cyber-insecurity regime, “there is no place to hide” once data is transferred to China. All data you send to China is available for easy and routine viewing by the CCP, which is yet another reason why it is so important you limit the information you share with counsel in China.
Bringing in trusted counsel from your jurisdiction will not make all the risks disappear, but it can go a long way toward ensuring your interests are protected.
