TAGS: #china
China has weird rules for using the Internet. It is quite complex, and Chinese lawyers are always on their toes to explain things to their clients regarding the Internet usage in the country. Internet usage, particularly, for the gaming companies is even more difficult and they usually hire lawyers to talk about the pros and cons. China's Internet rules are absolutely different from that of the western countries and that is hard for the foreigners to understand. Having a clear idea about the Chinese rules and regulations makes everything easy for clients and foreign companies.
Registering Trademark in China
Trademark registration in China for the purpose of using the Internet is again complicated. It is not wise to confuse the process with that of United States and Vietnam since the story is totally different over here. To begin with, one has to find out the class or category under which the trademark has to be registered. Preferably, putting it under the right class will prevent any kind of confusion and will aid in the registration process. The largest loophole in the process and its intent is that the company registering the trademark will not receive any kind of protection from duplicity. If the trademark logo is used by a book or T-shirt, the company does not have any power to do anything about it. Moreover, the company applying for trademark registration will only be registered when it submits the documents in Chinese.
In China, this is almost like an unwritten rule; all the legal processes should be carried out in Chinese language. Otherwise, there is a big chance that it will not be completed and the purpose will fall through. Moreover, one has to digest the fact, that, there is no copyright protection in China.
The Special Treatment for Gaming Industry in China
The Internet gaming industry in China suffers from loads of shortcomings. The rules and regulations are numerous and they are almost impossible to fathom. To be inaccurate, any kind of foreign content published on Chinese websites is illegal. Foreign content on their own website is also illegal. However, this illegal business runs in China but some people have been put behind bars for this as well. Sometimes, few of the business owners or website owners earn a big amount from this flawed system. This is a huge defect in Chinese law system. Some people land up in a soup due to this, while others take illegitimate advantage of the flaws.
The most unfortunate part is that, there is no consistency in the system which is harming the entire Internet fraternity and the supported industries. Such confusing rules and disparity within the system has led to havoc and distrust among companies towards the government.
Monetary Expense for Registration
Registering trademark in China is expensive. Setting up the Internet and also using it altogether costs a lot. This is another big disadvantage of using the in China. This is especially true for foreign companies. There is another option for business people to get the entire thing done at a cheap rate. However, that could take them in the wrong direction. Every cheap transaction can not be of good quality. The business owners can definitely be taken down by the people helping through the registration process. It is not safe to get this done at a cheap price. You may have to pay in the end for that. Some of these people are fraudsters and thieves who can indulge in identity theft. This is obviously harmful for the practicing companies.
Retrieving trademark is a very difficult, convoluted and complex process. It takes a lot of money and time on the part of the business owner if his trademark is stolen even once. People are advised to be careful lest they have to face this dire consequence due to ignorance. Consulting with a capable lawyer well versed with the Chinese system could help the foreign business owner regarding the Internet theft and fraud in China. It is always advisable to work with an experienced lawyer. Also, doing research on your own could be helpful. One has to be extremely careful while setting up business in China and also during the use of the Internet. Nothing is simple over there and nothing should be taken at their face value.