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Category Archives: Basics of China Business Law

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China and The Internet of Things: Who Owns What?

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

China (Shenzhen mostly) remains the primary destination for manufacturing of small electronic consumer products. And since Internet of Things (IoT) products are red hot, this means our China lawyers are getting a steady diet of China IoT legal matters. The issue we see on a day to day basis is this: the IoT product has now reached the… Continue Reading

Who Should Sign Your China OEM Agreement? Not Some Hong Kong Company if You Can Help It

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

Got the below great comment/question today: I would love to see you write about Taiwan / HK being “not” China, but from a different perspective. What advice do you give to a foreign company that plans to engage TW-based (or truly HK-based, e.g. been based in HK for 30-40 years) manufacturer, and said TW/HK company… Continue Reading

China Employment Contracts: Ten Things To Consider

Posted in Basics of China Business Law, Legal News

Following in the footsteps of our recent post Forming a China WFOE: Ten Things To Consider, I present to you: China Employment Contracts: Ten Things to Consider. Here goes, the top ten things you should consider when employing anyone in China. Term of employment. China’s employment system is a contract employment system. This means each employee… Continue Reading

Don’t Sign Informal Documents on the Run in China

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

I meet a lot of foreigners skipping through China on business. Many of them are delegates on trade missions or attendees at festivals or summits. They frequently allow their Chinese friends to pressure them to sign little documents while they’re in town. The foreigners think there can’t be much harm in signing short, “informal” documents… Continue Reading

Forming a China WFOE: Ten Things To Consider

Posted in Basics of China Business Law, China Business

By popular demand (one email to one of our China lawyers) we are reprising our “Ten Things To Consider” series, starting anew with forming a China WFOE. Here goes. Make Sure Your Business Scope is Legal. Too many WFOEs never get past the starting line. A number of industries are restricted to foreign-invested companies, so before… Continue Reading

China Employer Rules and Regulations and Why You Must Have One

Posted in Basics of China Business Law, Legal News

As I wrote in China Employment Contracts: If Yours Are Not Current, You Have A Problem, China employers must have written labor contracts with each of their full-time employees. Not having a written labor contract exposes employers to penalties (to their employees) administrative fines and the risk of being deemed to have entered an open-term labor contract with… Continue Reading

Worthless China Contracts: First, Let’s Sue All The American Lawyers

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

No more Mr. Nice Guy. In the last year or so, China has rapidly stepped up its technology game. It’s larger, better known companies (and many of its smaller and lesser known companies as well) are rapidly seeking to up their technology game. To put it bluntly, their first goal is to get high end… Continue Reading

China Civil Litigation: Tain’t No Big Thing

Posted in Basics of China Business Law, China Business, Litigation and Arbitration

Got an email the other day from an executive with a big international insurance company. From the kind of company that puts out a yearly Worldwide Risk Index measuring global risk, aimed at global risk managers. This person sought my take on China litigation risks via the below email (modified to hide any identifiers and to better… Continue Reading

China Trademark Protections, Part Three (of Three)

Posted in Basics of China Business Law, China Business

This is the conclusion of a three-part series. Part One covered the basic principles of trademark law and enforcement, Part Two covered “offensive” trademark considerations, and Part Three (which you are now reading) will cover “defensive” trademark considerations, remedies, and resources. As before, we will be using the work of the estimable Mike Atkins as… Continue Reading

China and The Internet of Things and How to Destroy Your Own Company

Posted in Basics of China Business Law, China Manufacturing, Internet

Many years ago, I spoke at a major technology event about how to protect your IP from China. I rarely use notes when I give a speech, which leads me to oftentimes riff on various things. At some point during that speech, I mentioned how technology companies were our dumbest clients when it comes to China… Continue Reading

China Factory Verifications: Do Go There

Posted in Basics of China Business Law, China Business

In 4 Powerful Tools For Supplier Verification, The Quality Inspection Blog talks about what companies should do to verify they will be buying their products from a legitimate and financially secure Chinese company. The post starts out by noting that “scammers have multiplied and are targeting inexperienced importers.” Our China lawyers are seeing the same… Continue Reading

China Trademark Protection Basics

Posted in Basics of China Business Law

My good friend and trademark lawyer extraordinaire, Mike Atkins, recently wrote a post on his Seattle Trademark Lawyer Blog entitled Basics of Trademark Protection in Plain English. Though that post deals exclusively with U.S. trademarks, nearly all of its big-picture analysis is apropos to China trademarks as well. Below I take what Mike said, and explain… Continue Reading

China’s New Online Publishing Rules

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

On March 10, 2016, the PRC government will impose new rules to govern online publishing in China. These are the Online Publishing Service Administration Rules (OPS Rules), promulgated by the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) and the Ministry of Industry, Administration and Technology. Under the rules, all entities that intend… Continue Reading