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China Employee Non-Compete Agreements: What’s Your Geographic Scope?

Posted in Legal News

When drafting China employee agreements, I often have to deal with the issue of non-compete provisions. One of the recurring non-compete issues is the geographic scope appropriate for the employee. The general rule for China on this is quite simple: China will enforce a “reasonable” geographic scope. But what does that even mean? The analysis… Continue Reading

Self Enforcing China Contracts With Powerful Companies

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

In China Contracts: Make Them Enforceable Or Don’t Bother, I talked about what should go into your China contract to make it enforceable. In this post, I go deeper into the issue of contract enforcement in China. Foreign businesspeople doing business in China often tell me that “contracts with Chinese companies are not worth the paper… Continue Reading

China Contracts: Make Them Enforceable Or Don’t Bother

Posted in Basics of China Business Law, Legal News

Every foreign business person who enters into a contract with a Chinese company needs to consider a fundamental question: how will the contract be enforced. To be able to pursue a claim successfully against a Chinese company, the following is usually required: First, there must be a written contract between the parties, executed by both… Continue Reading

Register Your Trademark In China, All Things Considered

Posted in Basics of China Business Law, Legal News

I was interviewed yesterday on National Public Radio’s (NPR) All Things Considered regarding the trademark problems Michael Jordan has been having in China. The article and the radio story are entitled, The Trademark Woes Of Michael Jordan (And Many Others) In China and, as expected, I repeated many of the usual trademark tropes you can find elsewhere… Continue Reading

How To Register Your China Trademark With China Customs.

Posted in Legal News

Protecting your trademark in China requires first and foremost that you register your trademark in China. But if you want to provide additional valuable protection for your trademark, in many cases you also should register your China trademark again with Chinese Customs. This additional registration is especially important for those exporting goods from China at… Continue Reading

Don’t Be Like Mike: Register Trademarks In CHINESE

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

As we noted last week, Michael Jordan has lost – again – in his ongoing effort to combat alleged trademark infringement in China. Our first post on this topic reiterated a point that must be familiar to even the most casual reader of this blog: register your trademark now, before someone else does it for… Continue Reading

China Employment Contracts: If Yours Are Not Current, You Have A Problem. The Shanghai Version.

Posted in Basics of China Business Law, Legal News

In China Employment Contracts: If Yours Are Not Current, You Have A Problem, I wrote about how Beijing employers with employees who continue working after the initial labor contract expires will be severely penalized for not having a written labor contract with the employee. Since Shanghai and Beijing often do not see eye to eye on employment matters… Continue Reading

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