Amazon Sellers’ Guide to Chinese Intellectual Property Law

By: CJ Rosenbaum Esq., Anthony Famularo Esq., Conor Wiggins, and Moshe Allweis

Book: Amazon Sellers Guide - Chinese Intellectual Property Law

The Amazon Sellers’ Guide to Chinese Intellectual Property Law focuses on informing Amazon sellers about protecting their brand from threats located in China and steps sellers can take to prohibit infringers. We discuss trademark and copyright law, the two primary ways to protect your brand around the world.

The Chinese marketplace is booming and ripe for investment. The development of ecommerce companies like Amazon, Alibaba, and eBay have provided the keys to the global marketplace for corporations and individual sellers to market their products worldwide. As such, it’s absolutely paramount that sellers understand their IP rights in China. It’s important for sellers to understand that with a history as long and as notable as China’s, there are bound to be differences that influence exactly what intellectual property means to the Chinese people.

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Ty Louis Campbell Foundation

All donations go to the Ty Louis Campbell Foundation

Amazon has a program called AmazonSmile. You sign on through AmazonSmile then it allows you to pick a charity. Once you pick a charity, it doesn’t cost you, the buyer, anything. It doesn’t cost the seller anything. Amazon then kicks back a small portion of the sale to the charity you pick.

Our charity is the Ty Louis Campbell Foundation. It was founded by a close friend of mine named Lou Campbell and his incredible wife, Cindy. When they lost their son Ty, they turned tragedy into triumph and their pain into productivity as they created this foundation. If you’re shopping on Amazon, use AmazonSmile and I would ask you to pick the Ty Louis Campbell Foundation.

Amazon will donate money to the foundation to help find better treatments and, God willing, a cure to pediatric cancer. By doing this, I’m helping to raise money, you’re helping to raise money, and together we are helping to make this world a better place.

The Ty Louis Campbell Foundation is a nonprofit organization that funds innovative research and clinical trials specifically geared toward the treatment of the most aggressive childhood cancers with a strong focus on brain tumors.

Their mission is to help fund the intelligence and technology that will improve long-term survival rates and minimize side-effects for children diagnosed with the deadliest cancers, while helping to care for families when their child is in treatment by providing financial assistance and uplifting experiences. (EIN: 45-1858390)

We wrote the books on doing business on Amazon and maintain the #1 site for Amazon sellers.

We can assist you in discovering the issues within your Amazon seller account that caused a suspension. We’ll provide a detailed analysis of your account, identify the underlying issues, and figure out how to address each of them before we complete your Plan of Action and get your account reinstated.

Rosenbaum, Famularo & Segall, PC focuses on 3 major areas for Amazon sellers:

  1. Suspensions: Plans of Action for non-legal suspensions and obtaining withdrawals of intellectual property right complaints.
  2. Representing Sellers in Arbitration: when Amazon refuses to reinstate accounts or seizes money/goods belonging to Amazon sellers.
  3. Brand Protection: for private label sellers on all web platforms.

GET HELP NOW: As a law firm, we protect your privacy under the Attorney-Client Privilege. We keep your information secret by law.

submit a case to Amazon Sellers Lawyer
Fred S.
Fred S.
01:41 23 Jun 21
Our account got reinstated after 7 months of repeatedly being denied for an suspected IP violoation that Amazon would not clear . After several attempts I was begining to lose hope but thanks to Declan, and Ashley for their persistant efforts. They had a great game plan. Overall excellent team effort from start to finish. These guys know how to get the job done. After being left for dead, I am very excited to start selling again. If any issues occur in the future this is my team.
PPP
PPP
00:39 19 Jun 21
We contacted Rosenbaum Famularo & Segall following a serious IP protection issue. Both Nicole and CJ were extremely helpful, prompt and knowledgeable from the start. Highly recommended.
Protection R.
Protection R.
07:27 04 Jun 21
Thank you, Anthony Du Zhang, for helping us get our account back. Our case is not a simple one. We contacted Amazon Seller Lawyer after several unsuccessful appeals. Anthony told us the possibility of getting back the account is low but not impossible. He assisted us in reaching the rights owner. When they stopped responding, Anthony helped us formulate POA and contacted the Account Health team multiple times to clarify a better approach. We learned a lot along the way. And finally, our account got reinstated. We will surely cooperate with you again for more legal and IP advice. Thanks again.
Alejandra G.
Alejandra G.
00:11 21 May 21
I had received over 70 IP complaints from a brand and that’s when I found this firm online. My case was assigned to Briana London. She worked on my case tirelessly for 3-4 months and she never gave up on me. She contacted the rights owner, got all complaints retracted, and drafted up a very professional appeal and plan of action which got my amazon seller account reinstated. If future problems come up, I will know who to look for. Thank you so much. Please continue to be a blessing to other sellers.
Jim B.
Jim B.
22:47 06 May 21
Rosenbaum, Famularo & Segall is HIGHLY recommended. We have benefitted from the firm's generous free advice in the past, and subscribe to the daily podcasts. Our recent experience has had to do with the selling of our e-commerce business.Nicole is awesome and so very eager to help. She is professional and knowledgeable, but more than that, her determination to find the right fit for resolving any issue shines right through the phone! Nicole put us in touch with Ashley and David who have (on very short notice) provided just the information we needed. We engaged them to be sure we (as sellers) are covered in any contract for purchase and/or transfer of inventory and IP/trademark rights. They delivered impressively!You can't go wrong here - these folks all really want to help and have a great track record of doing just that! (Jan & Jim Blue)
Amz T.
Amz T.
17:38 06 May 21
Thank you Anthony Zhang for your professional work. Anthony and his team helped us to deal with received IP claims on Amazon and to reinstate our account.These guys know how to deal with Amazon!I recommend you without a doubt!
aloha9881
aloha9881
03:32 08 Apr 21
I called Rosenbaum regarding an IP complaint at 8 pm PST which I didn't realize was already 11 pm at his time. He called me back within a few sec and gave me the best advice, I can’t get words for my appreciation.
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Amazon Sellers’ Guide: Chinese IP Law

TABLE OF CONTENTS

Introduction

Purpose of this book ……….. iv

Firm Profile ……….. iv

Author Profile ……….. vii

Legal Disclaimer ……….. xi

Chapter One

Then and Now: A Brief History of Intellectual Property in China ……….. 1

China’s Historical and Cultural Interpretation of Intellectual Property Rights ……….. 3

Realities of Chinese Intellectual Property Today ……….. 8

Chapter Two

Understanding Your Intellectual Property Rights in China ……….. 10

What Is A Copyright? ……….. 10

What Is A Trademark? ……….. 12

What Is A Patent? ……….. 14

What Is Trade Dress? ……….. 15

What Are Trade Secrets? ……….. 17

Chapter Three

Registering Your Intellectual Property in China: Preventing Issues Before They Occur ……….. 19

Registering For Copyright Protection in China ……….. 20

Registering For Trademark Protection in China ……….. 30

Registering For Patent Protection in China ……….. 41

Chapter Four

Copyright: Fighting Infringers and Protecting Your Products ……….. 48

Offense: Stopping Copyright Infringers ……….. 48

Defense: Fighting Off Copyright Infringement Claims ……….. 58

Chapter Five

Trademark: Fighting Infringers and Protecting Your Products ……….. 61

Offense: Stopping Trademark Infringers ……….. 61

Defense: Fighting Off Trademark Infringement Claims ……….. 66

Chapter Six

Patent: Fighting Infringers and Protecting Your Products ……….. 73

Offense: Stopping Patent Infringers ……….. 75

Defense: Fighting Off Patent Infringement Claims ……….. 80

Chapter Seven

Trade Dress: Fighting Infringers and Protecting Your Products ……….. 85

Offense: Stopping Trade Dress Infringers ……….. 85

Defense: Fighting Off Trade Dress Infringement Claims ……….. 90

Chapter Eight

Conclusion: Intellectual Property in China Today and Tomorrow ……….. 92

Table of Authorities ……….. 99