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China Trademark Infringement Damages

Legal Doctrines and Practical Takeaways from Louis Vuitton Malletier v. Molly Tea

This is the second analytical article regarding the LV and Jasmine Milk Tea case. Recently, under significant public pressure, the Suzhou Intermediate People’s Court released the full text of the judgment. A Chinese translation of the judgment can be found at the following link. Additionally, the industry has engaged in extensive commentary following the publication of the judgment. The 2025 trademark infringement decision in Louis Vuitton Malletier (LV) v. Molly Tea, rendered by the Suzhou Intermediate People’s Court, has generated extensive international public discourse, much of which is predicated on misleading interpretations. These include assertions that the ruling confers monopolistic rights upon foreign brands over traditional Chinese decorative motifs dating back millennia, that consumer confusion between mass-market tea products and luxury leather goods is implausible, and that foreign rights holders encounter systemic prejudice within Chinese intellectual property (IP) adjudications. A significant portion of public commentary reaches conclusions without a thorough

July 30, 2026 No Comments

AUCL

A Playbook for International Brands Tackling Trade Dress Copycats in China

If you are a foreign company operating or planning to operate in China, there is a strong possibility that one day you might discover your flagship product has been replicated. Not only the product itself but also its packaging—the color, shape, distinctive pink ribbon on the label, and the overall carefully crafted design—may appear on a Chinese e-commerce platform, sold at a significantly lower price under an unfamiliar brand name. Welcome to the dynamic, complex, and intriguing landscape of intellectual property enforcement in China. If you encounter this challenge, remain calm. You are not alone, and importantly, there are legal avenues available to you. However, successfully navigating the Chinese legal system requires a deep understanding of how local courts interpret unfair competition, trade dress protection, and the complex network of supply chain participants who facilitate counterfeiting. To shed light on this process—and to emphasize the importance of experienced legal counsel—let

July 20, 2026 No Comments

The Intriguing Chinese Trademark Dilemma: Jasmine Milk White and Louis Vuitton’s Million-Dollar Floral Trademark Dispute

If you are an executive, general counsel, or intellectual property director for an international brand, you likely have a clear and reassuring understanding of how trademark law operates. Over the years, you’ve built a portfolio of iconic designs, distinctive patterns, and instantly recognizable logos. You’ve successfully navigated trademark disputes in the United States, the European Union, and perhaps Japan. You understand the rules in these regions—such as how certain common patterns, like checkerboards or four-petal flowers, are often regarded as part of the public domain and cannot be exclusively owned by any one company. While you may have occasionally been frustrated by competitors using similar designs, you’ve generally respected the legal boundaries between your brand and general design style. Then, you turn your attention to China. Here, the rules don’t just change—they are completely upended, creating a complex and often surprising legal environment. Welcome to the intriguing and challenging world

July 13, 2026 No Comments

Criminal offenses by foreigners

A Guide to the Chinese Criminal Justice System for Foreign Businesses and Executives

For foreign corporations doing business in China, as well as for expatriate executives and individuals, the possibility of finding oneself caught up in China’s criminal justice system can be deeply unsettling. The way proceedings are handled, the rights afforded to the accused, and the available means of defense in China are fundamentally different from those in common law countries or other Western legal systems. When a foreign national or a foreign-invested company is subject to a criminal investigation in China—whether the allegations involve commercial bribery, embezzlement, smuggling, theft of intellectual property, or tax evasion—the risks are extremely high. The result of the case affects far more than the personal freedom of those involved; it also determines the company’s ability to continue operating and its reputation in the market. In these high-pressure situations, foreign entities are often misled into thinking they can simply wait for the investigation to resolve itself, or

July 1, 2026 No Comments

Software Copyright

Significant Changes Coming to China’s Software Copyright Registration Process in 2026

For nearly twenty years, foreign companies operating in China have regarded software copyright registration as a simple administrative task. It was commonly accepted that submitting the necessary documents to the China Copyright Protection Center (CPCC) would, aside from minor clerical mistakes, quickly lead to the issuance of a registration certificate. This certificate was essential for enforcing intellectual property rights, participating in government procurement, and obtaining various technology-related incentives. However, the situation has fundamentally and permanently changed. Starting in 2026, China has launched a comprehensive and forceful reform of its software copyright registration system. This is not a minor policy tweak but a systemic upheaval aimed at eliminating a deeply rooted gray market. For foreign businesses, grasping the details of this new regulatory framework is not just about administrative compliance—it is a crucial business necessity that affects their ability to operate, compete, and safeguard their technological assets in China. The 81.18%

July 1, 2026 No Comments

China Sourcing

Navigating the Minefield: A Legal Guide to Resolving Product Quality Disputes with Chinese Suppliers

The globalization of supply chains has created significant opportunities for international businesses, but it has also brought a complex array of legal challenges. One particularly difficult situation arises when a company receives a shipment at the destination port only to find that the products do not meet the agreed-upon specifications. Handling a defective bulk order from a Chinese manufacturer can lead to immediate and serious consequences, including substantial financial losses, disruptions to downstream operations, damage to your business reputation, and the daunting prospect of pursuing legal action across international borders against a supplier who may be unresponsive or deny the issue altogether. Many foreign companies assume that seeking legal recourse in China is ineffective, believing that local courts will automatically favor domestic manufacturers. This view is not only outdated but also inaccurate. In fact, Chinese courts are increasingly committed to the rule of law in foreign-related commercial disputes, consistently applying

June 11, 2026 No Comments

Crossboarder Inheritance

Bridging the Gap: A Legal Guide for Foreign Heirs on Inheriting Real Estate and Assets in China

Losing a parent is an emotionally challenging experience, made even more complicated when geographical and legal boundaries stand between you and your rightful inheritance. In today’s globalized world, it is common for children to establish lives overseas, often obtaining foreign citizenship, while their parents maintain assets—such as real estate and savings—in their home country. When the time comes, foreign heirs often find themselves navigating a complex maze of cross-border legal procedures, cultural differences, and a Chinese bureaucratic system that operates under principles quite different from those in Western legal traditions. As a Chinese legal professional specializing in cross-border intellectual property, corporate law, and civil disputes, I frequently assist foreign nationals who feel overwhelmed by the intricacies of the Chinese inheritance system. Many mistakenly believe that a foreign will or a simple affidavit is sufficient to transfer ownership of a Beijing apartment or access a Shanghai bank account. This misconception can

June 4, 2026 No Comments

China Copyright

A Tactical Handbook for International Software Rights Owners Protecting Copyright in China

Introduction: The Uncharted Waters of Software Enforcement in China For international software companies, China offers an exceptional market opportunity alongside significant challenges. With the world’s largest internet user base and a rapidly growing digital economy, there is a strong and continuous demand for advanced software solutions, including industrial computer-aided design (CAD) tools, enterprise resource planning (ERP) systems, and customized e-commerce platforms. However, this high demand is often accompanied by widespread issues such as unauthorized use, software cracking, and digital piracy. Protecting software copyrights in China involves more than simply submitting a complaint; it requires navigating a complex legal landscape that is strategic, procedural, and evidence-driven. The Chinese legal system enforces strict rules of evidence, and the intangible nature of software makes proving infringement particularly challenging. Recent cases I have encountered and litigated in technology-focused regions like Zhejiang and Fujian illustrate common pitfalls for those unprepared, as well as the effective

June 2, 2026 No Comments

Criminal offenses by foreigners

Silent Waters, Hidden Currents: Understanding the Legal Risks of Rush in China

Imagine this scenario: You are an expatriate living in China. You connect with someone on a dating app, arrange to meet at a local hotel, and enter expecting a casual social encounter. Instead, the door closes behind you, badges are shown, and you find yourself detained. The reason? Possessing a small 20ml bottle of a liquid known as Rush. For many foreigners, Rush or Poppers are commonly associated with nightlife or certain subcultures. In many Western countries, while regulated, personal possession rarely leads to a criminal record. However, the legal environment in China is markedly different. Authorities have intensified enforcement efforts, and what might be considered a minor offense elsewhere can quickly result in administrative detention, deportation, or even criminal charges. In this article, we will explore the legal rationale behind these enforcement actions, highlight significant legal shortcomings in how such cases are managed, and explain why, with an appropriate

June 1, 2026 No Comments

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