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Register Your Trademark In China: Now. Just Ask Mike.

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

More than four years ago, we did a post, entitled, China: Do Just One Thing. Trademarks. In that post, we emphasized the absolutely critical importance of registering your trademarks in China, not later but now: From time to time I get calls from start-up companies about to embark on manufacturing in China. They are calling to ask… Continue Reading

Don’t Get Lazy With Your China Employment Contracts

Posted in Basics of China Business Law, Legal News

China law mandates written employment contracts with all (Chinese and expat) full-time employees. Those employment contracts must include the following provisions: Basic information about the employer and the employee, including place of work Duration of the contract A description of the work the employee will be performing Working hours and rest and leave time Wages and… Continue Reading

Not So Fast, Fashionistas: China Trademark Registration Is Still Required.

Posted in Basics of China Business Law, Legal News

Last week, fashion blogs (see here, here and here) were abuzz with the news that Michael Bastian, an American fashion designer, had won a “landmark” decision against a trademark squatter in China. Specifically, on April 20, 2015, China’s Trademark Review and Adjudication Board (TRAB) invalidated a trademark squatter’s registration of Bastian’s eponymous mark, even though… Continue Reading

China Product Outsourcing: Everything You Need To Know

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

I just this week learned of a ChinaImportal article, Recommended import from China forums & blogs, written about two years ago. In this article, Fredrik Grönkvis, an experienced China sourcing agent, cites to the two China blogs he reads “on an almost daily basis” and highlights 13 posts from those two blogs that he sees as critical… Continue Reading

China E-Commerce: The New Rules

Posted in China Business, Legal News

As part of its program designed to modernize the Chinese economy, the State Council has recently issued a series of opinions on development of e-commerce in China. The underlying concept is that e-commerce is one way to push China towards developing a consumer economy. The most recent opinion focuses on the development of international e-commerce… Continue Reading

China Entertainment Contracts, 101

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

I touched on this topic during my recent webinar for the China-Britain Business Council about China Film Intellectual Property. Most of my comments apply equally to all industries, not just the film industry. Chinese contracts are usually simpler and shorter than contracts used in the West. The specialized vocabulary taken for granted in Western film… Continue Reading

China Foreign Investment in the U.S.: Beware of Easy Money

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

China is now the world’s third largest overseas foreign investor, behind only the United States and Japan. With the inception of China’s “Go Global Campaign” in the early 2000s, in just 10 years Chinese Overseas Foreign Direct Investment (OFDI) has grown from a mere trickle to an estimated $120 billion in 2014. Within two years,… Continue Reading

Four Things Importers From China Should Know About U.S. Antidumping Cases

Posted in China Business, Legal News

Companies importing products into the United States from China may be unfamiliar with terms such as “non-market economy (NME),” “respondent,” and “surrogate values.” However, this quickly changes when such companies’ imported goods are subject to a U.S. antidumping proceeding. U.S. antidumping or “AD” cases are complex. This is especially true for “non-market economy” or “NME”… Continue Reading

China Law Blog’s Linkedin Group Reaches 10,000 Members

Posted in China Business, Good People, Legal News, Recommended Reading

A couple years ago, we started a China Law Blog Group on Linkedin to create a spam-free forum for China networking, information and discussion. This week we surpassed 10,000 members and the number and quality of our discussions continues to increase as well. We have had some absolutely terrific discussions, both based on the numbers (discussions… Continue Reading

TPP Will Hurt China Companies

Posted in China Business, Legal News

China, the world’s second largest economy, is not one of the twelve countries currently negotiating a Trans-Pacific Partnership (“TPP”) multilateral trade agreement. The United States and Japan, respectively the world’s No. 1 and No. 3 largest economies, are anchoring the negotiations. Nonetheless, a concluded TPP could adversely impact companies in China that manufacture and export goods…. Continue Reading

China Transfer Pricing Laws, Because They Matter

Posted in China Business, Legal News

Last week I wrote an article for Forbes, entitled, China’s Tax Authorities Want You. The theme of that article was how China’s slowing economy is causing the Chinese government to step up its tax collection efforts against foreign companies with off-the-grid “employees” in China. China is also stepping up its tax collections on transactions that implicate transfer… Continue Reading

Alibaba Takedowns And A Lawsuit

Posted in China Business, Legal News

We have many times written about our near 100% success rate at getting counterfeit products removed from the big name Chinese websites like Alibaba. See, for instance, Register Your Trademark In China Because Alibaba Is Serious About IP, written way back in 2013: Alibaba International has a formal procedure for requesting and securing the removal of… Continue Reading

11 Key Issues When Starting A China Business

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

With China ceaselessly increasing its tax crackdown on foreign companies operating improperly in China without a China entity (WFOE, Joint Venture or Rep Office), forming a China entity and starting a business in China is very much in vogue right now. Starting a business in China usually involves forming a Wholly Foreign Owned Entity or WFOE. Forming… Continue Reading