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China Law and Its Development

Two Foreign Nationals Marry or Divorce in China

Foreign nationals marry and divorce in China

There are more and more expats work and live in China nowadays. They fall in love or go out of love here. Neither marriage or divorce is easy. It is certain that a foreign national can marry and divorce a Chinese national in a court of law in China. As a China family lawyer, I am frequently asked whether two foreign nationals can marry or divorce in China.

According to a circular, Several Matters Regarding the Implementation of Marriage Registration Act published by the Ministry of Domestic Affairs, two foreign nationals can marry in China. Foreign national must provide following documents:

(1) his/her valid passport or other valid international travel documents, which shall show that man is at least 22 years old and woman 2o years old;

(2) certificate of his/her marriageability issued by the notary public office or competent authority of his/her country and certified by the consulate of the People’s Republic of China in his/her country, or certified by the consulate of his/her country in China, or certificate of his/her marriageability issued by the consulate of his/her country in China;

(3) certificate certifying that the law of the country where the foreign nationals come from recognizes marriage registered overseas;


Trademark Registration Basics in China

Trademark Registration in China

Trademark registration in China is governed by The Trademark Law of the People’s Republic of China, which was first adopted in 1982. The State Council promulgated Regulations on the Implementation of the Trademark Law in 1983. The Trademark Law was revised in 1993 and 2001, and in 2002 new Implementing Regulations were issued, in part, to bring China’s trademark legislation into compliance with the WTO Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). The revised Trademark Law extended protection to collective marks, certification marks and three-dimensional symbols, as required by TRIPs.

Professional Advice

Engage the assistance of legal professionals with both China and IPR expertise early in the process, and involve them in the development of your overall Chinese business strategy. Membership in anti-piracy organizations can also help.

Registering a trademark allows your company to leverage its brand and prevent others from using your name or trying to confuse customers with a similar brand. It does take some time and modest resources to register a trademark in China but the alternative – exporting to China without a registered trademark – would leave your brand unprotected and open to considerable risk.

Why should I register my trademark in China?

Your registered trademarks in Canada are not applicable in China. Therefore, if you see good opportunities in China and are looking to remain in the market for the medium to long-term, then it is important to have your IP taken care of right at the beginning. China is a first-to-file country meaning that, all else being equal, whoever applies for a trademark first, will obtain the registration. Unless you can manage to do business without your existing brand, seriously consider registering your trademark in China.


China Legal Translation: Legal Translations by Expert Legal translator teams

we are talking about China legal translation. Not mere translation, but translating legal documents. We do not translate everything, but only legal documents. We are not only China lawyers, but also China legal translation lawyers.

Legal translation requires very specialist knowledge; the wording for this type of document is very exact and can have no ambiguity. Getting the translation of a legal document wrong can cause confusion, frustration, undue delay and a huge cost. That's why - for your peace of mind - we only use translators who are suitably qualified to translate legal documents. Whether you require the translation of a contract, summons, complaint or the transcription of an evidentiary tape, you can be assured that the translated document we return to you will be 100% correct.


Pilot Employment Dispute Resolution and Wrongful Termination Compensation

Below is a news report on pilot employment disputes in China. Under Chinese law, pilot employment contract termination is not the same as other positions. There are specific regulation regarding how pilot employment dispute shall be settled and resolved. We are experienced in pilot employment dispute and have assisted several pilots and airline companies in their labor dispute matters.

Ten pilots on Friday said they had accepted a court ruling that they should pay compensation to China Eastern Airlines (CEA) to release them from their employment contracts.


China trademark law, China trademark lawyer

China trademark law, China trademark lawyer

Owners of registered trademarks have the ability to prevent others (i.e., their competitors, partners in China, we had clients that found out their trademark was registered by their supplier in China and other third parties) from using their registered trademark without permission. As experienced China Trademark lawyer, we have been helping our clients applying trademark in China.

Your registered trademark can also successfully prevent others from (A)- acquiring trademark rights in your trademark, and/or (b)- claiming that you are infringing their trademark rights. Trademark Infringement actions can be costly. Few companies have the financial strength to overcome the full or partial loss of their right to use their own business name or product name. Consequently, trademarks are critical business assets. Coca-Cola is commonly believed to be the most valuable and admired trademark worldwide.

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.