Originally published in Reed Smith's Export,
Customs and Trade Sentinel Newsletter, Winter 2008
The perils of doing business in China are never more
apparent than when it comes to IP rights. Whether your IP
rights consist of trademarks, patents, or designs, the number
one priority (or at least right up there) should be to get them
protected in China. No protection, no rights.
The system is cruel to those who do not register. For
example, a wellknown U.S. brand who had been manufacturing its
industrial fittings and fixtures in China for export only to
U.S. markets suddenly found its products being seized at the
Chinese Customs. "What was the problem?" they
thought. "We have been manufacturing in China and
exporting to the U.S. for years." The problem was that a
third party had registered the trademark for the identical word
used by the U.S. company. Although the word actually registered
was not an
