Do we need a lawyer in China, or can our own lawyer handle the factory side?
For anything that turns on Chinese law, you need a PRC-licensed lawyer. Foreign law firms' offices in China may not handle Chinese legal matters (Regulations on Representative Offices of Foreign Law Firms in China, art. 15), and a foreign company that sues or is sued in a Chinese court and wants a lawyer must instruct a PRC lawyer (Civil Procedure Law, art. 274). Your own lawyer stays in charge of your home market. We handle the China end and work with them.
Can you act for us without anyone travelling to China?
In most matters, yes. Contracts, trademark filings and negotiations are handled remotely. For court proceedings a foreign company signs a power of attorney abroad, which is notarised and apostilled or legalised, and some courts also accept authorisation witnessed by video. We attend hearings in China.
How can we check that Han Feng is a licensed PRC lawyer?
His profile is on Tiantai Law Firm's website, in English and Chinese, which lists his firm email, hanfeng@tiantailaw.com, and the Shanghai office line, +86 21 6351 8888. You are welcome to write to either email address or call the office before you instruct us.
Our contract with the factory is in English and governed by our home country's law. Is that a problem?
Often, yes, if you ever need to enforce it against the factory. A foreign judgment is difficult to enforce in China, and a Chinese court asked to apply foreign law needs that law proven. For factory contracts we usually recommend a bilingual contract with both texts equally authentic and checked clause by clause, PRC law, and a Chinese court or arbitration commission.
Our supplier is a trading company, not the factory. Can you still protect us?
Yes, but the contract has to change. We structure it so the manufacturer itself signs the NNN and the mold terms, alongside the trading company you pay. Otherwise the company that holds your design and tooling owes you nothing directly.
How are fees structured?
All our services are fixed fees: USD 3,500 for the Factory Starter Package (one factory, one product line), USD 1,200 for a stock purchase contract, USD 790 for one trademark class (USD 390 for each additional class) and USD 890 for the full eleven-section supplier report (USD 590 per supplier when ordered with a contract package or for two or more suppliers). A supplier dispute assessment is USD 590 for one supplier and one order, a standalone mold and design ownership agreement is USD 1,500, a demand letter is USD 950 and customs IP recordal is USD 690 for the first right; litigation and arbitration are quoted per stage after we review the file. Anything beyond that scope is quoted in writing before we start and charged only with your approval. You receive a written fee proposal before engagement, and fees are paid to the law firm under a written engagement agreement. Fees and how we start lists every fee, the five steps to engagement and how to pay safely.
Do you ever act for the factory?
Not against a buyer. In disputes with Chinese suppliers, Han Feng acts for the overseas buyer and does not act for a factory against an overseas buyer.
Do you handle patents, infringement suits or Amazon suspensions outside China?
No. Han Feng advises on PRC law. Those matters are for lawyers licensed in your sales markets: US counsel for a Schedule A lawsuit, European counsel for an infringement claim in Europe, and so on. Where a problem also has a China side, such as a factory that keeps selling your design, we handle that part and coordinate with your local counsel.