Back when the media was getting all hot and heavy (sexual reference intended) on China’s plans to require internet filtering software, I did a post, entitled, “Two China Things Of Which We Dare Not Speak (And Sex Is Not One of Them).” In that post, I explained why we virtually never write about proposed laws… Continue Reading
Monthly Archives: June 2009
China’s Labor Law. The Bark Is The Bite.
Posted in Legal NewsGot a call last week from the HR officer of a US company. She was looking for my firm to assist her on a labor law issue. The US company’s China WFOE had laid off a female employee who had come back saying she was entitled to ten months pregnancy pay. The employee gave three… Continue Reading
China’s Anti-Monopoly Law. One Year On.
Posted in Legal NewsI actually began my legal career as an antitrust lawyer and I though there has so far been no call for it on our China matters, I have very much tried to keep up with China’s slowly developing antitrust laws. So I was delighted to sit down (metaphorically speaking) with Josh Gartner Managing Editor of… Continue Reading
Registering Your Trademark In The US And China On The Cheap.
Posted in Legal NewsMany years ago, a very good client of mine (in a China related business) called me in a panic. The client had gone to its regular US corporate counsel and asked about using a trade name on product it would be importing from China. Its corporate counsel said it saw no problems and my client… Continue Reading
China. The News Is Nearly Always Mixed.
Posted in China BusinessFor the last couple of weeks I have been working on an outsourcing contract for a US/China company seeking to take on a very large China outsourcing project for a rapidly (even now!) growing US retailer. Negotiations have been ongoing with countless revisions. Last night, I received the following email from my client: They signed!… Continue Reading
Defective Product Recalls In China. What’s That?
Posted in Legal NewsI have been practicing law long enough to have seen my share of product recall disasters. The most recent was a situation involving a food company client. Our client had contracted out with another company for the manufacturing of a particular processed food product. The food product was determined to be tainted with very low… Continue Reading
Which Comes First, The China Trademark Or The China OEM Contract?
Posted in Legal NewsI am paranoid about my clients registering their trademarks in China, pretty much before they do anything else. For a few examples of my feelings on this, check out, “China Trademarks — Do You Feel Lucky? Do You?” “China Trademark Law: Simple And Effective” and “Trademark Protection In The Global (And China) Marketplace.” The bottom… Continue Reading
Promising China Blog: Eileen Eats
Posted in Recommended ReadingDespite the global recession, I remain an unabashed foodie. I figure, if I am going to eat, I might as well eat well. I am sure Eileen Wen Mooney would agree with me on that. Ms. Mooney is the author of the books, Beijing Eats and Not Just a Good Food Guide: Beijing and the… Continue Reading
Two China Things Of Which We Dare Not Speak (And Sex Is Not One of Them).
Posted in China BusinessI often get emails from readers asking me to write about a particular topic. There are two topics on which I frequently receive emails and on which I virtually never write. Proposed laws and China diplomatic meetings with foreign countries. Just about every time there is a rumor of a major new Chinese law, I… Continue Reading
Western Companies Are Frittering Away China Employees. Or Not.
Posted in China BusinessFascinating article at Access Asia on how Western companies are, at the exact worst time, cutting back on their employees in China. The article, “Are Foreign Brands in China About to Give It All Away??” says that many Western companies, run out of places like London and New York, are cutting back on their China… Continue Reading
Form Contracts In China. You’ve Got To Fight The Powers That Be…..
Posted in Legal NewsThis is the second in a series of posts on Chinese contract law by co-blogger Steve Dickinson. The first post, “China Contract Law: Going All Clear On Us Now,” discussed recently issued PRC Supreme Court explanations on various aspects of contract law. This post discusses how Chinese law tends to disfavor contractual disclaimers of liability…. Continue Reading
Think You Have A Well Known China Trademark. Think Again.
Posted in Legal NewsChina’s Supreme Court recently confirmed what my firm has always been telling its clients: if you want to protect your trademark in China, you absolutely must register it in China. We have always said that because the likelihood is so slim of being able to prove that a trademark is a well known mark and… Continue Reading
Clinton, Obama, Saudi Arabia And China. Comments On The Comments.
Posted in Good PeopleThe other day, I did a quick post in a pique of anger at the US criticizing China’s Human Rights record while Barack Obama was travelling in or to Saudia Arabia and Egypt. I found it absurd that we would be going after China for its HR issues at the same time we were (and… Continue Reading
China Contract Law: Going All Clear On Us Now.
Posted in Legal NewsBy Steve Dickinson One role of China’s Supreme Court is to provide guidance on the interpretation of statutes. These interpretations are directed at two fundamental issues. First, Chinese statutes tend to be short and general. Conflicting interpretations of such general wording is possible. Since China has no form of stare decisis, the only way to… Continue Reading
I’m Sorry, But US Hypocrisy On Human Rights Is Continuing Apace Under Obama. China Is Exhibit A.
Posted in Events1. I love my country — the United States. 2. Of course I believe in human rights. 3. The US should strive to be a beacon on human rights. 4. When appropriate, and in ways that are appropriate, the US should encourage other countries to maintain human rights. Not in an idiotic Jimmy Carter sort… Continue Reading
Foreign Real Estate Development In China. Long Term Leasing As A Way To Go.
Posted in Legal NewsChina Economic Review recently published an article by CLB’s own Steve Dickinson on foreign investors entering into long term leases of Chinese real estate. The article is entitled “Don’t play for keeps,” and since a paid subscription is required, we will provide the article Steve wrote before the professional editors gussied it all up. The… Continue Reading
China Contract Protections And It Ain’t Just Scrap.
Posted in Legal NewsScrap is very much an international business and due to its potential for rapidly changing prices, it is ripe for non-payments and international litigation. Many months ago, I was interviewed by Scrap Magazine regarding Chinese companies failing to pay on their scrap contracts. At that time, a whole slew of Chinese companies were backing out… Continue Reading
Breaking News: Blogger, David Dollar, Named Economic And Financial Emissary To China.
Posted in Good PeopleDavid Dollar, who heads up the blog, East Asia & Pacific on the Rise (a/k/a David Dollar’s Blog) and the World Bank’s China Director, has just been named by Timothy Geithner as “economic and financial emissary to China.” Dollar, who was formerly an Assistant Professor of Economics at UCLA and a Visiting Professor at the… Continue Reading
IT Outsourcing To China As Next Big Thing.
Posted in Recommended ReadingKPMG recently came out with an excellent report on outsourcing to China (h/t to Experience Not Logic), entitled, “A new dawn: China’s emerging role in global outsourcing.” KPMG summarizes its report as follows: Outsourcing is on the agenda of the Chinese government as they seek to boost foreign investment into China and support the development… Continue Reading
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