Amazon Sellers’ Guide to Chinese Intellectual Property Law
By: CJ Rosenbaum Esq., Anthony Famularo Esq., Conor Wiggins, and Moshe Allweis
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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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:
- Suspensions: Plans of Action for non-legal suspensions and obtaining withdrawals of intellectual property right complaints.
- Representing Sellers in Arbitration: when Amazon refuses to reinstate accounts or seizes money/goods belonging to Amazon sellers.
- 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.
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Amazon Sellers’ Guide: Chinese IP Law
Purpose of this book ……….. iv
Firm Profile ……….. iv
Author Profile ……….. vii
Legal Disclaimer ……….. xi
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
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
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
Copyright: Fighting Infringers and Protecting Your Products ……….. 48
Offense: Stopping Copyright Infringers ……….. 48
Defense: Fighting Off Copyright Infringement Claims ……….. 58
Trademark: Fighting Infringers and Protecting Your Products ……….. 61
Offense: Stopping Trademark Infringers ……….. 61
Defense: Fighting Off Trademark Infringement Claims ……….. 66
Patent: Fighting Infringers and Protecting Your Products ……….. 73
Offense: Stopping Patent Infringers ……….. 75
Defense: Fighting Off Patent Infringement Claims ……….. 80
Trade Dress: Fighting Infringers and Protecting Your Products ……….. 85
Offense: Stopping Trade Dress Infringers ……….. 85
Defense: Fighting Off Trade Dress Infringement Claims ……….. 90
Conclusion: Intellectual Property in China Today and Tomorrow ……….. 92
Table of Authorities ……….. 99