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Category Archives: China Business

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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

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

How to Conquer China Payment Scams

Posted in China Business

Our China lawyers are getting a new wave of American (and one European) companies contacting us about having fallen victim to what we call the China bank switch scam. The amounts lost have ranged from $22,000 to $285,000. Our general response to these is as follows: I am sorry this has happened to you, especially… Continue Reading

Can China Innovate?

Posted in China Business

By Benjamin Shobert* Over the last decade, I have found one of the most interesting questions to ask executives and policymakers about China is “can China innovate?” Biases come forth once the question is answered, both from those who tend to be over-optimistic about China, as well as those who are perennially bearish. Let the… Continue Reading

China Technology Licensing Versus China Joint Ventures: Same Same

Posted in China Business, Legal News

My firm’s China lawyers have recently been hit with an influx of American tech companies with the following characteristics: They have a good, but not great technology (chip, internet of things, environmental, hardware or software). They were heavily funded but they have only around six months of cash left, at their present burn rate. They… 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

Getting Money out of China: The Movie

Posted in China Business, China Film Industry

The 40th Annual UCLA Entertainment Symposium took place this past weekend, and in recognition of the Chinese film market’s meteoric expansion, the symposium for the first time devoted an entire panel to China. The panel featured three high-powered Chinese film execs: Eric Rong, President of TIK Films, Jay Sun, Chairman and President of Pegasus Media… 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

Doing Business in China: Bring Your Own Interpreter

Posted in China Business

You’ve come all the way to China to talk to a prospective business partner. Maybe it’s an investor or maybe it’s a buyer. China is a big market. And you’ve heard there’s a lot of money here too. After you arrive in town the Chinese are so helpful. They know you can’t speak their language…. Continue Reading