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Category Archives: Basics of China Business Law

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Self Enforcing China Contracts With Powerful Companies

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

In China Contracts: Make Them Enforceable Or Don’t Bother, I talked about what should go into your China contract to make it enforceable. In this post, I go deeper into the issue of contract enforcement in China. Foreign businesspeople doing business in China often tell me that “contracts with Chinese companies are not worth the paper… Continue Reading

China Contracts: Make Them Enforceable Or Don’t Bother

Posted in Basics of China Business Law, Legal News

Every foreign business person who enters into a contract with a Chinese company needs to consider a fundamental question: how will the contract be enforced. To be able to pursue a claim successfully against a Chinese company, the following is usually required: First, there must be a written contract between the parties, executed by both… Continue Reading

Register Your Trademark In China, All Things Considered

Posted in Basics of China Business Law, Legal News

I was interviewed yesterday on National Public Radio’s (NPR) All Things Considered regarding the trademark problems Michael Jordan has been having in China. The article and the radio story are entitled, The Trademark Woes Of Michael Jordan (And Many Others) In China and, as expected, I repeated many of the usual trademark tropes you can find elsewhere… Continue Reading

Don’t Be Like Mike: Register Trademarks In CHINESE

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

As we noted last week, Michael Jordan has lost – again – in his ongoing effort to combat alleged trademark infringement in China. Our first post on this topic reiterated a point that must be familiar to even the most casual reader of this blog: register your trademark now, before someone else does it for… Continue Reading

China Employment Contracts: If Yours Are Not Current, You Have A Problem. The Shanghai Version.

Posted in Basics of China Business Law, Legal News

In China Employment Contracts: If Yours Are Not Current, You Have A Problem, I wrote about how Beijing employers with employees who continue working after the initial labor contract expires will be severely penalized for not having a written labor contract with the employee. Since Shanghai and Beijing often do not see eye to eye on employment matters… Continue Reading

Register Your Trademark In China: Now. Just Ask Mike.

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

More than four years ago, we did a post, entitled, China: Do Just One Thing. Trademarks. In that post, we emphasized the absolutely critical importance of registering your trademarks in China, not later but now: From time to time I get calls from start-up companies about to embark on manufacturing in China. They are calling to ask… Continue Reading

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