Who this is for
- You want to register the brand name or logo you will use in Japan as a trademark
- Someone in China has registered your brand before you
- You want to manage Japanese customer data at your head office in China (or the reverse)
- You do not know whether your products or technology are subject to export controls
- You want to put a counterparty verification (KYC) process in place
Four areas to cover between Japan and China
Even on the same topic, Japanese, Chinese and international rules require different things.
| Area | Japan | China and international |
|---|---|---|
| Trademarks | First-to-file. Applications go to the Japan Patent Office | First-to-file. Watch for squatting on Chinese-character names. International registration allows a single filing covering multiple countries |
| Personal data | Provision to a foreign country requires the individual's consent or confirmation of an equivalent protection system | Transfers abroad generally require a security assessment, standard contract or certification (exemptions apply) |
| Export control | Classification and export licensing under FEFTA. Providing technology to foreign employees may also be covered | U.S. regulations may also apply when U.S.-origin parts or technology are included |
| Anti-money laundering | Customer identification and record-keeping under the Act on Prevention of Transfer of Criminal Proceeds | Screening against UN, U.S. and other sanctions lists |
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What we do
Trademarks (Japan and China)
Clearance searches and class planning, filing with the Japan Patent Office (with a patent attorney as agent), filing through partner agencies in China, choosing a Chinese name (characters and pinyin), responding to others' registrations (oppositions, invalidation and cancellation actions), and renewal management.
Data protection (Japan and China)
We map your personal data flows and draft privacy policies and internal rules in Japanese, Chinese and English. We also handle how to obtain consent for cross-border transfers, contracts, procedures with the authorities and breach reporting.
Economic security and export control
We determine whether FEFTA filings are needed, classify products and technology and apply for export licenses, and build internal export control rules, training and procedures for checking counterparties and end uses.
Anti-money laundering and sanctions
We determine whether you are subject to legal obligations, and design procedures for customer identification, beneficial owner verification, record-keeping and sanctions screening. We also draft the internal rules required for financial licenses.
Internal control and internal audit
We help overseas parent companies govern their Japanese subsidiaries through rules on authority, approval procedures, internal audit and a whistleblowing channel.
Why TIMOA
- 01
You can check Japanese and Chinese regulations through one point of contact.
- 02
You can build your compliance framework at the same time as company setup or a financial license.
- 03
We prepare internal rules and training materials in Japanese, Chinese and English.
Fees
Fees are quoted once we understand the nature and scope of your engagement. Please contact us first.
Ask about feesFrequently asked questions
Someone registered our brand in China first. Can we get it back?
Depending on when and how it was registered, options include an opposition, an invalidation action, or a cancellation action against a mark that has not been used for three years. We review the evidence and decide on an approach with our partner agency in China.
Can we manage Japanese customer data at our head office in China?
It is possible, but you must satisfy the provisions on transfers to foreign countries under Japan's Act on the Protection of Personal Information. This requires, for example, explaining to and obtaining consent from individuals, or putting a protection system in place through a contract with head office.
What is export classification?
It is determining whether a product you export or technology you provide falls under items that require a license under FEFTA. Exporting such items without a license is subject to penalties.
Is our company subject to anti-money laundering law?
It depends on your industry. Businesses in finance, real estate, precious metals, mail-receiving services and others are covered. We assess this based on your business.