日中間の様々な知的財産問題を中国現地の特許弁護士や弁理士、特許事務所と提携して対応し、高品質の知的財産サービスを提供しています。

中国業務

China Related Services

経済大国に成長した中国は、従来の生産基地としてのみならず、巨大な消費市場として、今後も成長し続けることが見込まれます。中国への投資や中国企業との取引の際には、的確なリーガル戦略が必要不可欠であります。
ユニバーサル特許商標事務所では、模倣品対策等の知的財産権保護などの分野に及びます。

China, which has grown into an economic superpower, is expected to keep growing as a giant consumer market as well as a conventional manufacturing base. For investing in China and dealing with Chinese companies, accurate legal strategies are essential.
Our firm can provide high quality legal services in Japanese, Chinese and English by our lawyers who are well-versed in each field and who work with each other with regard to different legal problems between Japan and China, and as necessary, we collaborate with a top-class law firm in China with whom we have a long-standing relationship.
The services we offer cover a wide range, including consideration of an investment scheme to China, M&A, different kinds of support to local subsidiaries, intellectual property rights protection such as against counterfeit products, various international transactions between Japan and China, labor affairs, and product liability.
In addition, with respect to projects of investment of Chinese companies and individuals into Japan, we supply Chinese companies and Japanese companies with comprehensive advice about both Japanese laws and Chinese laws.

 

会計・税務サポートSupport for Accounting and Tax Practice

The accounting and tax systems of China are different from those of Japan in many aspects. For example, China adopts a “cash-basis booking” system basically for accounting, and the authorities stringently control the flow of funds of companies in their business activities, as if the tax system China uses were a zero-sum game. From these many discrepancies, a gap arises between the headquarters in Japan and a local subsidiary in China with respect to a view of financial processing, resulting in decreased operation efficiency.
While the Japanese way of tax saving does not work in China, some tax saving effects can be achieved by devising an optimal scheme of investment and operation for each business.
From viewpoints of both the Japanese headquarters and their Chinese local subsidiaries, our firm provides not only advice on the Chinese accounting and tax systems but also professional services on designing a business administration scheme for tax saving purposes.

アンチ・ダンピング案件Anti-Dumping Cases

In recent years, there have been a rapidly increasing number of cases in which the Ministry of Commerce conducts a survey of anti-dumping, partly because China wants to protect the domestic industries. The anti-dumping duty is a special duty imposed on the exports that are sold by a exporting country at a lower price in an importing country than in the exporting country (dumping export) and that will damage the domestic industries in the importing country, such that the value of the duty is equal to or lower than the difference in price in order to correct the dumping price to a reasonable one.
If a case of an anti-dumping survey is determined to be built, the one who responds to a survey has to register them as a respondent within 20 days after the case is built, and then they have to submit a written reply to the document of questions within 37 days in principle.
In this manner, an anti-dumping case requires an immediate response above all.
Our firm provides a wide range of services by which Japanese lawyers not only collaborate with Chinese counterparts in preparing a reply and counterstatement on anti-dumping but also work together with a local law firm as necessary to attend at a survey being actually conducted.

模倣品対策等の知財保護Intellectual Property Rights Protection against Counterfeit Products, etc.

Under the situation where counterfeit products have conventionally been circulated in the Chinese market in a secret manner, there are not a few cases in which famous foreign trade marks are registered without permission.
To minimize such a damage, a resolute action has to be taken against a violation of an intellectual property right in China.
When an intellectual property right is assigned or licensed to a Chinese affiliate or company, the Chinese laws require compliance with technology export and import management ordinance, regulation on research and development joint with a Chinese company, and other regulations.
We provide a wide range of services including preparation of contracts and various internal rules for purposes of preventing disputes, not to mention acquisition of an entitlement to a patent and a trade mark in China.

各種契約案件Various Contracts

To sign a contract with a Chinese company and individual, attention has to be paid to a lot of things, which may not be necessary in the case of domestic transactions. For example, Japan and China do not have a treaty based on which they accept each other’s judgement, and in some cases, enforcement of a right by judgement is practically impossible, which means that arbitration should be selected as a means of solution to a dispute on a contract.
Conclusion of a contract with a Chinese company is regulated under the Chinese laws, and in particular a joint venture contract and an intellectual property right license contract have to be registered at the Chinese authorities, which means that careful attention has to be paid to the contents of such contracts before they are signed.
Our firm provides comprehensive support to our clients’ daily international transactions from the experience accumulated for years. Even if a contractual dispute arises between you and a Chinese company or individual, we will protect your benefits seamlessly until the end of the legal procedures in settlement talks and lawsuits/arbitration.

 

各種翻訳Translation of Various Documents

Without legal knowledge, correct translation will not be done for legal documents and words, such as the Chinese laws and rules, contracts written in Chinese, contracts in Japanese, etc. A dispute may arise from mistranslation of a contract.
We check out legal documents and words strictly, and both Japanese and Chinese native expert translators exercise stringent proofreading and quality control to supply high quality translation services which no other firm can.

中国企業による対日投資案件Investments of Chinese Companies into Japan

There has been a growing trend year after year for Chinese companies and individuals to make an investment in Japan. Concrete examples of investment in Japan include starting a new company in Japan and obtaining an existing Japanese company by transfer.
A direct investment can be reported after the fact in principle, while the prior notification system applies in some cases. In addition, depending on the type of business, an individual law (for example, a telecommunications business law) may apply, and the administrative procedures may be required, such as notifying, registering and reporting.
Our wide variety of services are tailored to the clients’ needs in their projects of investment in Japan, including selection of an investment method, performance of procedures for incorporating a Japanese company and registration by proxy after the incorporation.

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