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Category Archives: Basics of China Business Law

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China Trademark Registrations: The Latest News From The Front

Posted in Basics of China Business Law, Legal News

One of our China lawyers sent an email to a client yesterday, updating the client on the status of its trademark filings. I am republishing that email below because it succinctly sets out the current timelines for the various stages of trademark filings in China: Good to hear from you. We submitted the trademark applications… Continue Reading

Want Good China Product? Use A Good China Spec Sheet

Posted in Basics of China Business Law, China Business

There are all sorts of things you should be doing to increase your odds of securing good product from your Chinese manufacturer. When I speak on what it takes to successfully source product from China, I always emphasize the following four things: Good manufacturer (due diligence) Good OEM Agreement Good IP protection Good quality control… Continue Reading

China WFOE Formation And Minimum Capital Requirements

Posted in Basics of China Business Law

China has liberalized its minimum capital requirements for a WFOE and the amounts required have been reduced in many Chinese cities/districts. But even if the Chinese government is going to let you get away with a very small amount of registered capital, you may want to pay more. You should think about the registered capital… Continue Reading

China Employment Law: How To Avoid LIFETIME Employees

Posted in Basics of China Business Law, Legal News

In China, an open-term labor contract (无固定期限劳动合同) is a contract where the employer and its employee agree that there is no definitive ending date for the labor relationship. Such a contract generally means the employer must retain the employee until his or her retirement age, though the employee can terminate at any time, with no… Continue Reading

Five Keys To Getting Good Quality Products From China

Posted in Basics of China Business Law, China Business

Our China lawyers have assisted hundreds of Western companies with the legal side of having product manufactured in China. That experience has enabled us to see what works and what doesn’t for China manufacturing. If you want to greatly increase your odds of getting good quality manufactured product from China, you should do the following… Continue Reading

Preventing China Counterfeiting: The Basics

Posted in Basics of China Business Law, Legal News

When Christmas is approaching, China counterfeiting goes into overdrive, and this year has been no different. The real trick to reduce counterfeiting is to do the things earlier in the year that can help to prevent it. The more you do before you face an infringement problem, the less likely you are to have an… Continue Reading

China Employee Vacations: Don’t Stop Them. Just Don’t.

Posted in Basics of China Business Law, Legal News

China’s Regulation on Paid Annual Leave for Employees (《职工带薪年休假条例》) entitles employees (including dispatched workers) who have worked continuously for one year to paid annual leave. Their statutory vacation period is as follows: More than 1 and less than 10 years service: 1 week (5 days) vacation More than 10 and less than 20 years service:… Continue Reading

China Trademarks: The First Thing To Do When Someone Already Has “Yours”

Posted in Basics of China Business Law

It used to be rare for one of our clients to be unable to secure a desired trademark in China because someone had beaten them to it. With the proliferation of trademark filings in China over the last 3-5 years, those halcyon days are over. When our pre-application screening turns up a conflict with a… Continue Reading

Five Top Tips For Protecting Your Trade Secrets From China

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

In a post entitled, Trade Secrets and Third Parties: Top Tips to Prevent Theft, Create.org lists its “five top tips” for protecting your trade secrets, all of which apply to China. Nothing earth-shattering here, but this is actually a really good list (meaning I agree with it 100%) and it never hurts to review the basics,… Continue Reading

China WFOE Lease Reviews

Posted in Basics of China Business Law, Legal News

Our China lawyers often review leases for companies early in the WFOE registration process. Our work in this area has been growing exponentially as word has gotten around regarding WFOE registrations increasingly going awry and landlord problems stemming from WFOE leases. The pendency of a WFOE formation is a complicated time for a commercial lease… Continue Reading

“Hiring” Your China Employees Through A Staffing Agency. What To Do.

Posted in Basics of China Business Law, Legal News

With the costs and the hassles of forming and operating a WFOE in China always increasing, we are finding more of our clients are choosing to retain personnel in China via third party staffing agencies. Doing so is relatively easy and relatively inexpensive, assuming you can find a third party staffing agency willing to do… Continue Reading

How To Terminate A China Employee Non-Compete Agreement. Very Carefully.

Posted in Basics of China Business Law, Legal News

China allows for non-compete agreements that prohibit high level employees from working for another company that competes with the employer. However, these agreements are generally limited to senior management, senior technicians and other personnel who have a confidentiality obligation to the company. In exchange for the employee’s promise to maintain the non-compete requirement, the employer… Continue Reading

China Employment Law. Watching A Bit Of The Sausage Being Made.

Posted in Basics of China Business Law, Legal News

As the Chinese government starts taking its employment laws more seriously (at least with respect to foreign companies doing business in China), our China employment law work just keeps increasing, as does our blogging on it.  The below is an email from one of our China lawyers (who is doing China employment law about half… Continue Reading