Foreign citizen and foreign corporation who owns intellectual property in China need to retain lawyers in China to carry take an IP infringement litigation if they find that their IP has been infringed in China.
Generally, the following materials should be notarized and legalized:
1. Identification
- The ID is a party's passport or national ID card if the party is a natural person.
- The ID is a party's business license or certificate of incorporation if the party is a corporation.
2. The certificate of the legal representative and ID of the legal representative
The certificate of the legal representative (it is a statement issued by the corporation, proving that XXX is the legal representative thereof). The legal representative is entitled to sign documents or retain lawyers on behalf of the corporation.
3. Power of attorney
It is recommended that the entrusted matters cover collecting evidence, first instance, second instance, enforcement of judgement, retrial, etc. In terms of counterparts, no less than 6 originals are recommended.
4. Some Evidence Originating Abroad
- Evidence involving official documents originating outside China's mainland shall be notarized. The official documents refer to official documents made by authorities and social organizations, such as judgments, certificates of real estate, etc.
- Evidence involving identity relations originating outside China's mainland shall be notarized and legalized.
Note:
- Where a foreign corporation has a representative or branch in China, or a foreigner has a domicile in China, there is no need to notarize and legalize their POA issued in China.
- For foreigners who do not have a domicile in China, the POA issued in China shall be signed under the witness of a judge or notarized by a Chinese notary.
- Since February 2021, the Supreme Court of China issued an online video witness system. First, the identity of the parties should be verified, and then the judge witnesses the parties authorizing their lawyers.
- In addition to litigation, foreigners also need to notarize and legalized the above materials when they report to the Chinese police, format a company or branch, or make a transaction of real estate.
- Unlike litigation, arbitration in China usually does not require notarization and authentication of the above matters.
- Regarding the translation of foreign languages, it is necessary to translate it into Chinese generally. In practice, translation can be handled in two methods: first, translate into Chinese by a licensed translation firm abroad, and then notarize and legalize the bilingual version at the same time; second, notarize and legalize the foreign language materials and mail to a licensed translation firm in China to translate into Chinese.