Header graphic for print
China Law Blog China Law for Business

Category Archives: Basics of China Business Law

Subscribe to Basics of China Business Law RSS Feed

Copyright Takedowns in China, Part V: Will Notice and Takedown Mean The End of Online Anonymity?

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

This is the fifth in our series about online copyright takedowns in China. In Copyright Takedowns in China, we provided a general summary of the regulations that establish the takedown procedures. These regulations enable enforcement of the “right of communication through an information network” as it applies to sound recordings and audiovisual recordings. In Copyright Takedowns… Continue Reading

How to Find the Right Lawyer in China, Spain, the United States or Really Just About Anywhere

Posted in Basics of China Business Law

A foreign company client recently asked us to handle what he viewed as a “very simple” domestic matter for his company. We turned it down, explaining that we were not experts in that legal area and that we did not feel comfortable taking on this matter for his company. And then we gave him a list of excellent attorneys… Continue Reading

China Product Development: What You NEED To Know

Posted in Basics of China Business Law, China Manufacturing

I regularly read of the Quality Inspection Blog because it consistently provides actionable and accurate advise to companies looking to have their products manufactured in China. It’s written by Renaud Anjoran, who has more than a decade of China sourcing experience and he just gets it. Last year, Renaud wrote a post, entitled, How Can Inventors Develop a… Continue Reading

China Employment Laws and Lifetime Employment

Posted in Basics of China Business Law, Legal News

In China Employment Contracts: Ten Things To Consider, I wrote about the importance of selecting an appropriate initial fixed employment term because in most places in China employees are automatically converted into “open contract” employees when the fixed term concludes. An open-term labor contract means the employer must (with very few exceptions) retain the employee until his or… Continue Reading

China Distribution and Reseller and Licensing Agreements: Your Name is Almost Everything

Posted in Basics of China Business Law

With China shifting from “factory to the world” to “market to the world,” our China lawyers have been getting a ton of new clients seeking our firm’s help in drafting agreements with distributers and resellers and licensees in China. Many of these clients are worried about some vague (usually almost non-existent) threat of “violating Chinese law.”… Continue Reading

China Trademarks: Facebook FTW

Posted in Basics of China Business Law, China Business

Unlike Apple (which lost a big trademark case) and Under Armour (which had to contend with an annoying trademark copycat), Facebook had a pretty good week in China. In a case decided in late April (but not publicized until last week), the Beijing High People’s Court invalidated Zhongshan Pearl River Beverages’ three trademark registrations for… Continue Reading

Doing a Deal in China? Get a Company Search Report First

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

Due diligence is an investigation of a business or person prior to entering a contract. It often involves a comprehensive appraisal to establish assets and liabilities or to evaluate commercial potential. Though due diligence is important anywhere, it is doubly so in China where things are often not what they seem. A failure to undertake… Continue Reading

China Trademarks and My Favorite (Uncle) Martian

Posted in Basics of China Business Law, China Business

It’s been a wild week in China trademark news. We’ve already written about Apple’s defeat in the “IPHONE” trademark case. But the story that just keeps getting better is the Uncle Martian/Under Armour trademark row. The story began last week, when Fujian-based Tingfeilong Sporting Goods, a low-end sneaker manufacturer, debuted its new “Uncle Martian” line… Continue Reading

China’s Trademark Laws vs. the Biggest Company in the World, or Apple’s Cruelest Month

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

After the month it just had, Apple is probably sick of hearing T.S. Eliot references. First China cut off access to iTunes movies and books. Then Apple reported a 26% drop in quarterly sales in China, Hong Kong, and Taiwan, after which Apple’s stock price took a header. Topping it all off, last week China’s… Continue Reading

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