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Monthly Archives: February 2011

Pay Your Wages In China Or Go To Jail. Do Not Pass Go.

Posted in Legal News

By Steve Dickinson The 19th Session of the 11th National People’s Congress last week revised the criminal code to provide that it is a crime for a company to intentionally withhold the wages of employees. A company that does this is subject to criminal fines and the responsible individuals are subject to imprisonment for up… Continue Reading

Where To Locate Your Business In China. This Download Will Tell You.

Posted in China Business, China Travel, Recommended Reading

The other day we did a post, entitled, “An Amazingly Good (And Free!) Intro to China,” on The China-Britain Business Council’s recently published China Business Guide. One of our readers, Juha Lassila, left a comment extolling the virtues of HSBC’s new book, entitled, “Inside the Growth Engine: A guide to China’s regions, provinces and cities.“  This guide… Continue Reading

China Policy Pod. Cause I KNOW It Will Be Good.

Posted in Recommended Reading

My friend Josh Gartner recently came out with a new podcast site, China Policy Pod. Josh describes his site as “a podcast covering current business and policy topics affecting China.” Though we virtually never add a blog to our blogroll unless it has been around for at least 3-4 months, I just added it because… Continue Reading

China Outsourcing. The Basics. But Don’t Just Trust Me….

Posted in Basics of China Business Law, China Business, Legal News

One of the things that drives me nuts is how some businesspeople act as though the laws in China are so unclear that either nobody knows how to do things right or that there is no point in even trying. But in so many areas of China business, there is a real uniformity of views among… Continue Reading

An Amazingly Good (And Free!) Intro To China.

Posted in China Business, Recommended Reading

Just came across a really good, really easy to read guidebook on China. The guide is the third edition of the China Business Guide and it is put out by The China-Britain Business Council (CBBC).  Not only is it good, but it is a free download. It is about 100 pages and it touches on the… Continue Reading

Why Alibaba Is Not Your Complete Answer To China Sourcing

Posted in China Business

More than three years ago, I did a post, entitled, “I Hate Alibaba (The Website, Not The Company),” voicing my concerns with foreign companies thinking that they were safe sourcing through Alibaba. My concern at that time stemmed from the fact that many of the calls my office was getting regarding really bad or never delivered… Continue Reading

FCPA And China. Important Ruling Coming Soon.

Posted in Legal News

The FCPA Professor Blog is out with a blog post entitled ”‘Foreign Official’” First” on what constitutes a foreign official for purposes of the United States’ Foreign Corrupt Practices Act (FCPA). According to the FCPA Professor Blog, “for the first time in FCPA history, a [United States] federal court judge, with the benefit of a detailed… Continue Reading

China As Currency Manipulator. Why Can’t We All Just Get Along?

Posted in China Business

I just read an article by CNBC Columnist Shaun Rein, entitled, “Why A Fast Appreciating Yuan Won’t Help US Economy,” and I have a few bones to pick with it. Let me start out by saying that I “talk China” pretty much every day and I have never spoken with anyone who believes that all… Continue Reading

Minxin Pei. I’m Starting To Buy It.

Posted in China Business, Recommended Reading

For years I used to simply discount Minxin Pei. As China kept rising, Minxin Pei kept talking of its imminent collapse. Though I always appreciated his analysis, I stopped reading him as he became more and more the boy who cried wolf. It has been at least two years (I am guessing) since I bothered… Continue Reading

Protecting Your Intellectual Property Rights In China. A Very Practical Guide.

Posted in Basics of China Business Law, Recommended Reading

Client just sent me a link to a United States Government internet “brochure” on “Protecting Your Intellectual Property Rights in China” along with a note saying “this is what you are always saying.” It is what I am always saying, and though this information appears to be about ten years old, near as I can… Continue Reading

How To Wind Down Your China Company. Kafka Would Be Proud.

Posted in Legal News

As I wrote a few weeks ago, in a post entitled, “China Manufacturing: “We’re Bringing It Back Home,“ we are getting a rapidly increasing amount of work helping American companies shut down their operations in China. Rising wages in China, coupled with a rising Renminbi and rising costs overall are causing American companies to reaccess China… Continue Reading

China Trademarks. Do You Feel Lucky? Do You? Part III

Posted in Legal News

David Woronov, a Boston-based international lawyer told me a very instructive China trademark story the other day. Seems a company had come to David with a big China trademark problem. This company had decided to have its products manufactured in China and it thought it could rely on its United States and Madrid protocol filings… Continue Reading

China As Intellectual Property Powerhouse? Someday. Maybe.

Posted in Legal News, Recommended Reading

CNN China correspondent Lara Farrar, just wrote an excellent story on China’s efforts to boost its intellectual property protection so as to better enable it to become an innovation-based economy. The article is entitled, “Keeping things safe: China aims to boost its intellectual property rights,” and it nicely highlights Beijing’s increasing emphasis on IP and… Continue Reading

China IP Law. Straight From THE Judge’s Mouth.

Posted in Events, Legal News

By: Rebecca Carlson NOTE: Rebecca is a new lawyer at the Harris & Moure law firm and this is her first post on this blog. Rebecca recently graduated from the University of Washington School of Law with a J.D. degree and an L.L.M. (advanced law degree) in East Asian Studies. Rebecca is fluent in Japanese… Continue Reading

Splitting Your Brand In China? Be The Funnel.

Posted in China Business, Recommended Reading

I have been working for years for a very experienced and very sophisticated client who manufactures and sells product in China. Many years ago, this company was doing incredibly well in a foreign country when, all of a sudden, its leading seller of its product cut my client loose because it had secretly developed its… Continue Reading

China’s “New” M & A Review System. Just Chill.

Posted in Legal News

Last week, China came out with some guidance as to how it is going to determine whether foriegn company acquisitions (M&A) endanger China’s national security and there have already been all sorts of articles speculating that this is going to mean a real crackdown on foreign acquisitions. I was going to wait a few weeks… Continue Reading

How To Protect Your IP In/From China?

Posted in China Business, Legal News

Had lunch the other day with a high tech client that does business all over the world, but mostly in emerging market countries with weak Intellectual property rights and protections, including China. I asked him what his company does to protect its IP and he said they use a “Swiss-Army Knife approach,” meaning they do… Continue Reading

Is China Going Green, Part XX? It Sure Isn’t A Good Place For Kids.

Posted in China Business

One of my best friends from college, (General Counsel for America at The Japanese newspaper, Yomiuri Shimbun, AND the author of a truly excellent book on the Negro Leagues) sent me a fascinating FT.com article this morning, entitled, “Japan Finds There is More to Life Than Growth,” that poses the question as to whether Japan… Continue Reading

How To Find And Deal With Chinese Manufacturers.

Posted in China Business, Legal News

Very helpful post over on the Foreign Entrepreneurs in China blog, entitled, “36 Tips on How to Deal or Negotiate with your Chinese Suppliers.” I urge you to read the entire post, but I particularly liked the following (lucky) eight tips because they are important and yet not often enough discussed: Not all good suppliers… Continue Reading

Real China Business Advice. The Bad And The Ugly.

Posted in China Business

Stan Abrams over at China Hearsay has an excellent China post, entitled, “A Never-ending Supply of China Business Advice.“ The post starts out with Stan talking of how there has been so much written on how to do business in China and some of it is less than top-notch: At the same time, a lot of… Continue Reading

China Manufacturing Agreements. Watching The Sausage Get Made.

Posted in China Business, Legal News

Co-blogger Steve Dickinson is in the midst of working on a number of unusually complicated OEM (Original Equipment Manufacturing) agreements for American companies seeking to buy product from China. A few minutes ago, I received a cc’ed email from Steve to one of our clients, explaining what he has done so far on the client’s… Continue Reading

Doing Business In Or With China. Ask Yourself These Questions.

Posted in Basics of China Business Law, Legal News

A consultant friend of mine is leading a very large group of American businesses to China for a big exhibition. He is putting together a short manual for these businesses and he asked me to help put the bug into the ear of these businesses that they should not be ignoring China legal issues.  … Continue Reading

What Every SME Needs To Know About Chinese Law. February 22, Beijing’s Kerry Center

Posted in Events, Legal News

On Tuesday, February 22, 2011, China Law Blog’s own Steve Dickinson will be giving a talk to the European Union Chamber of Commerce in China (in Beijing) on “What every SME needs to know about Chinese Law.” The EU Chamber describes it as follows:  The European Union Chamber of Commerce in China is delighted to invite… Continue Reading