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Category Archives: Basics of China Business Law

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China Product Development, Part 2

Posted in Basics of China Business Law, Legal News

As I discussed in yesterday’s post (China Product Development) product development in China is a risky process. To properly address those risks, a development agreement enforceable in China is required. A development agreement is intended to cover the very important period between the NNN agreement stage when you are testing the waters and the vendor… Continue Reading

China Product Development

Posted in Basics of China Business Law, Legal News

Foreign companies manufacturing in China often “co-develop” products intended for sale in the West. There is a substantial range as to these co-development relationships. In some cases, the foreign side has complete product development and the only involvement from the Chinese entity is in setting up for high volume manufacture of the product. In other… Continue Reading

China Trademarks and The Big Game Occasionally Referred To As The Super Bowl

Posted in Basics of China Business Law

    It’s become somewhat of an annual tradition: in the weeks leading up to the National Football League’s championship game, the NFL’s lawyers send out a flotilla of cease and desist letters to anyone who dares to use the phrase “Super Bowl” without being an official NFL licensee, and thoughtful lawyers respond with articles… Continue Reading

China NNN Agreements

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

The first step in doing OEM manufacturing in China is finding a good factory to make your product. To protect your product at this early stage, you must require the Chinese party to execute an appropriate agreement before you reveal any information. This agreement must comply with three basic rules: First, do not use a… Continue Reading

Quick Question Friday, China Law Answers, Part XII

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

Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments or phone calls as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what… Continue Reading

Copyright Takedowns in China, Part IV: Whatever you do, register your copyrights first

Posted in Basics of China Business Law, China Film Industry

  This is the fourth in a series about online copyright takedowns. Copyright Takedowns in China was 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. Copyright Takedowns in China Part… Continue Reading

China Employment Laws: Dealing With Pregnant and Nursing Employees

Posted in Basics of China Business Law, Legal News

  Now that China has amended its Law on Population and Family Planning, it is a good time to review how China’s employment laws treat pregnant and nursing employees. As I wrote previously, Chinese labor law generally takes a pro-employee position regarding such employees. The first thing you as an employer in China must keep… Continue Reading

Getting Money Out of China, Part 2: Don’t Fall for the Scams

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

Last week I wrote a post entitled, Getting Money Out of China: What the Heck is Happening?  The post focused on how the China lawyers at my firm have in just the last week or so received more communications regarding difficulties in getting money out of China than in the last year. Since that post, the… Continue Reading

How to Form a WFOE in China, Part 13: What About A Licensing Agreement Instead?

Posted in Basics of China Business Law, Legal News

This is part 13 of our series imaginatively entitled, How to Form a WFOE in China. The last post in this series was How to Form a WFOE in China, Part 12: Do You Really Even Need One? In that post we reiterated how difficult it is to form a WFOE, to operate a WFOE in China, and even to shut down a… Continue Reading

Register Your Trademark with China Customs: NOW, While It’s FREE

Posted in Basics of China Business Law, Legal News

If you want to protect your brand in China, file a trademark application in China now, before someone else does it for you. If you want to stop counterfeit goods bearing your trademark from leaving China, register your China trademark again with Chinese Customs. China Customs recently issued a notice stating that they are temporarily suspending registration fees… Continue Reading

China’s Two Children Policy: What China Employers Should Know

Posted in Basics of China Business Law, Legal News

I previously wrote about how China would be amending its Law on Population and Family Planning (《中华人民共和国人口与计划生育法》).  This law has now been amended, replacing China’s “one-child policy” with a two children one. The Chinese government is now officially encouraging Chinese families have two children. To fully understand the impact this new policy will have on employers in China requires we… Continue Reading

How to Avoid China Manufacturing Problems, Part 2: Focus on These Five Things

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

In yesterday’s post, the first in this series, we focused on the need to have an OEM Agreement with your Chinese manufacturer. In this post, we focus on what is truly important to include in that agreement, and even more importantly, the terms on which you should reach agreement with your Chinese manufacturer, before you… Continue Reading

Are Your China Trademarks Dirty?

Posted in Basics of China Business Law, Legal News

Read an interesting Linkedin post today, entitled, Does your business have ‘dirty’ IP? The post is by an Intellectual Property (IP) and branding specialist and it emphasizes the importance of domestic companies cleaning making sure their IP is clean. But what it says about domestic companies applies with equal force to foreign companies doing business in China…. Continue Reading

China Employment Law: Local and Not So Simple

Posted in Basics of China Business Law, Legal News

  Earlier this year, Dan Harris of my firm wrote a Forbes Magazine article (China’s Hourly Work Week: Think Locally) emphasizing how China’s employment laws are so localized. Dan started that article with the following explanation: I have avoided writing on China employment law because it is so complicated and so localized. My fear has… Continue Reading

Manufacturing in China: Trademark Registration Should be the First Thing You Do

Posted in Basics of China Business Law, Legal News

U.S. and European companies that manufacture in China are typically concerned about their Chinese factory or some local competitor stealing their design. On the other hand, these same companies are relaxed about protecting their trademarks. This approach ignores the basic facts of the manufacturing world: product designs are relatively difficult to steal but stealing a… Continue Reading

China Employers to be Impacted by China’s New Laws on Population and Family Planning

Posted in Basics of China Business Law, Legal News

  The Standing Committee of China’s National People’s Congress is reviewing and discussing a draft amendment to the Law on Population and Family Planning, which is tentatively scheduled to take effect on January 1, 2016. Plan for this amendment to have some impact on employer rules relating to childbearing female employees. In accordance with the… Continue Reading