The Chinese market keeps on expanding and requires high-quality products especially for what concerns the food sector. Chinese consumers put food security first and therefore look for products that provide guarantees.
Despite the limitations at a logistic level, Italy has been exporting kiwis for a few years and protocols have just been established for orange exports. Arrangements could be made for apples and other products with a long shelf-life.
Logistical barriers are less strict for processed products, which therefore have good potential.
This all means there is a lot to do for those who have all their papers in order, but the right steps need to be taken to approach a country with a language and culture so different from ours.
The main hurdle is, however, the complex legislative system regulating imports and exports.
Lawyer Laura Formichella
Nctm provides great help to those interested in establishing economic relationships with China.
The Study has considerable experience with Italian clients investing in China and Chinese businesses interested in the Italian and European markets. It is one of the few Italian law firms to have obtained a licence from the Ministry of Justice of the People's Republic of China and to operate as a law firm in China (Shanghai).
China Desk professionals have a perfect knowledge of the language as well as of Chinese culture and its business dynamics. In addition, they have experience in all areas of Chinese civil and commercial law and in many areas of administrative law for what concerns foreign businesses.
The firm also works in partnership with the Allbright Law Offices, the leading Chinese law firm.
Watch the interview!
Enrico Toti and Laura Formichella, representatives of the China Desk in Italy, have written and curated many publications on Chinese law and speak at many seminars and conferences both in Italy and China.
China Desk professionals have a perfect knowledge of the language as well as of Chinese culture and its business dynamics. In addition, they have experience in all areas of Chinese civil and commercial law and in many areas of administrative law for what concerns foreign businesses.
The firm also works in partnership with the Allbright Law Offices, the leading Chinese law firm.
Watch the interview!
Enrico Toti and Laura Formichella, representatives of the China Desk in Italy, have written and curated many publications on Chinese law and speak at many seminars and conferences both in Italy and China.
The agreement that recently liberalised Sicilian orange exports to China was the perfect occasion to discuss the problems connected with such activity.
Toti and Formichella have been working with China and Chinese law since 1997 and explained all the precautions needed when operating on the Chinese market: marks and geographic indications must be safeguarded and agreements and contracts must be drafted with the utmost attention.
China has a long-standing tradition regarding geographic indications and protected denominations, but their recognition and safeguarding of these, following the entrance of the People's Republic of China into the World Trade Organisation, is new.
Safeguarding geographic indication is a main objective in China as it represents a guarantee of the high-quality of a product, making it therefore reliable for consumers. China has undertaken to guarantee a minimum level of protection for GI products through multiple procedures.
First of all, in accordance with the local Trademark Law, GIs can be registered with the State Administration for Industry and Commerce and therefore become marks. The objective is to protect all the rights connected with intellectual property. GIs can be subjected to a collective mark or certification, which are both on the same level from a judiciary point of view.
The difference with common marks resides in registration procedures. In addition, only GIs that are protected in their territory of origin can be registered as marks. GIs can also be registered with the Chinese phytosanitary authority (AQSIQ - Administration of Quality Supervision, Inspection and Quarantine) for an additional level of protection. Despite the fact that this is not compulsory, it is what guarantees the maximum level of protection for foreign GIs.
The registration is disciplined by a Regulation entered into force on 28th May 2016 and entails the issuing of a national GI certification recognised by the Chinese government. The unique characteristics of the product are highlighted for consumers and at, the same time, the products are safeguarded from an administrative point of view.
The possibility of exporting Sicilian oranges into China is a great opportunity for many businesses and consortia, who should now carry out market researches to understand the specific dynamics of the Chinese market. One of the hardest things to do is deciding the best way to approach the Chinese market. Drafting distribution agreements requires an essential knowledge of Chinese regulations.
Knowing all this is what minimises risk. Businesses should also pay attention to the Chinese administrative and geographic structure as well as to how they choose their partners. There are many ways to access the Chinese market and a thorough knowledge of it is the only way to be successful.
Contacts:Studio Legale Nctm
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00184 Roma - ITALY
Tel.: +39 066784977
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Email: info@nctm.it
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