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Category Archives: Basics of China Business Law

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Don’t Get Lazy With Your China Employment Contracts

Posted in Basics of China Business Law, Legal News

China law mandates written employment contracts with all (Chinese and expat) full-time employees. Those employment contracts must include the following provisions: Basic information about the employer and the employee, including place of work Duration of the contract A description of the work the employee will be performing Working hours and rest and leave time Wages and… Continue Reading

Not So Fast, Fashionistas: China Trademark Registration Is Still Required.

Posted in Basics of China Business Law, Legal News

Last week, fashion blogs (see here, here and here) were abuzz with the news that Michael Bastian, an American fashion designer, had won a “landmark” decision against a trademark squatter in China. Specifically, on April 20, 2015, China’s Trademark Review and Adjudication Board (TRAB) invalidated a trademark squatter’s registration of Bastian’s eponymous mark, even though… Continue Reading

Even Industries New To China Need Grounding In Past Lessons Too, Part II.

Posted in Basics of China Business Law, China Business

This is the second part of Ben Shobert’s post on China’s senior care and healthcare. Go here for part I.  Ben has assisted countless companies in these industries get into China and I thought it would be helpful to our readers to have him talk about the issues his senior and healthcare clients are facing… Continue Reading

Industries New To China Need Grounding In The Lessons Of the Past Too

Posted in Basics of China Business Law, China Business

Today’s post covers one of the more exciting sectors that has recently opened to foreign direct investment in China: senior care and healthcare. It is written by Ben Shobert, who I typically describe as the most knowledgeable person I know about China senior and healthcare issues. Ben has assisted countless companies in these industries get into… Continue Reading

China Product Outsourcing: Everything You Need To Know

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

I just this week learned of a ChinaImportal article, Recommended import from China forums & blogs, written about two years ago. In this article, Fredrik Grönkvis, an experienced China sourcing agent, cites to the two China blogs he reads “on an almost daily basis” and highlights 13 posts from those two blogs that he sees as critical… Continue Reading

China Entertainment Contracts, 101

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

I touched on this topic during my recent webinar for the China-Britain Business Council about China Film Intellectual Property. Most of my comments apply equally to all industries, not just the film industry. Chinese contracts are usually simpler and shorter than contracts used in the West. The specialized vocabulary taken for granted in Western film… Continue Reading

China Foreign Investment in the U.S.: Beware of Easy Money

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

China is now the world’s third largest overseas foreign investor, behind only the United States and Japan. With the inception of China’s “Go Global Campaign” in the early 2000s, in just 10 years Chinese Overseas Foreign Direct Investment (OFDI) has grown from a mere trickle to an estimated $120 billion in 2014. Within two years,… Continue Reading

The China Twist: How To Do Business In China, Or Not

Posted in Basics of China Business Law, China Business, Recommended Reading

Just finished reading The China Twist, a fascinating, easy to read, and very helpful book on doing business in China. The China Twist is written by Wen-Szu Lin, and it is described as “the firsthand story of two Wharton MBAs who brought a beloved U.S. food franchise [Auntie Anne’s Pretzels] to Chin and encountered outrageous… Continue Reading

China Outsourcing: You Need a System and a Contract

Posted in Basics of China Business Law

Renaud Anjoran’s Quality Inspection Blog (which if you are not reading you absolutely should be) had an interesting post the other day, Setting a System in Place when Buying from a China Factory, stressing the importance of having system in place with your China contract manufacturer. The post starts out noting that satisfactorily completing most product orders… Continue Reading

11 Key Issues When Starting A China Business

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

With China ceaselessly increasing its tax crackdown on foreign companies operating improperly in China without a China entity (WFOE, Joint Venture or Rep Office), forming a China entity and starting a business in China is very much in vogue right now. Starting a business in China usually involves forming a Wholly Foreign Owned Entity or WFOE. Forming… Continue Reading

How To Protect Your Intellectual Property In China: May 21 Seminar In Irvine, California

Posted in Basics of China Business Law, Events

On Thursday, May 21, I will be speaking at the UC Irvine Law School at an all day China IP seminar organized by the U.S. Commercial Service, the Southern California District Export Council, UC Irvine Law School, and the John S. and Marilyn Long U.S.-China Institute for Business and Law. For the agenda, click here…. Continue Reading

China Employment Contracts: If Yours Are Not Current, You Have A Problem

Posted in Basics of China Business Law, Legal News

Under China’s labor laws, China-based employers are required to have written employment contracts with all of their full-time employees. At minimum, that employment contract must contain the following mandatory provisions: Basic information about the employer and the employee The explicit term/duration of the employment contract A description of the work the employee will be performing… Continue Reading

Terminating Your China General Manager

Posted in Basics of China Business Law, Legal News

Under China’s labor laws, most employees can only be terminated with cause and a severance payment. But what about terminating a general manager? Pursuant to China’s Company Law, the board of directors may terminate a general manager in accordance with the relevant procedures without cause. Based on this provision, many companies assume that the Company… Continue Reading