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How To Remove Counterfeits From Alibaba: Register Your China IP

Posted in Basics of China Business Law, Legal News

We have for years been writing about how our lawyers have a near 100% success rate at getting counterfeit products removed from Chinese e-commerce websites like Taobao and JD.com. Almost all Chinese e-commerce sites, including the Alibaba family of sites (Taobao, Tmall, Alibaba, AliExpress, 1688.com, etc.), have formal internal procedures for removing product listings that… Continue Reading

China Manufacturing Contracts: Yet Another Reason Why You Should Have One

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

What with China’s economy slowing, our China lawyers are getting a fairly steady stream of emails and phone calls from companies (mostly America) whose Chinese manufacturers have shut down and/or disappeared. The below is email correspondence I recently had with one of these companies, changed to camouflage anything that might enable anyone to identify this company…. Continue Reading

China Employment Law: Hiring Employees from Hong Kong, Macau and Taiwan

Posted in Basics of China Business Law, Legal News

  Generally speaking, residents of Hong Kong, Macau and Taiwan may be employed in China if they satisfy the following conditions: They are between the ages of 18 and 60 (subject to a couple of exceptions noted below). They are in good health. They hold a valid mainland travel permit (issued by the PRC Ministry… Continue Reading

China Manufacturing: NDA v. NNN v. OEM

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

Much of our China legal work still involves helping foreign companies navigate the legal terrain with respect to their China manufacturing. This means that one of the most common things we do is alert our potential clients to the need to use a China-focused NNN Agreement with China manufacturers because US-style NDA Agreements simply do… Continue Reading

How To Close A China WFOE Without Going To Jail

Posted in Legal News

Our China lawyers have of late been handling far more WFOE closures than ever. The below are composites of various recent emails we have sent to clients regarding the closing of their WFOEs. To preserve confidentially, we have removed any identifiers and shortened and simplified them for purposes of this post. The first email is to a client whose… Continue Reading

Product Molds And Tooling In China: Three Things You Must Do to Hang on to Yours

Posted in Basics of China Business Law, Legal News

What with China’s economic downturn, our China lawyers are getting an increasing number of emails and phone calls from companies seeking our help to “get their molds” back from their Chinese manufacturers. Whenever a foreign company terminates its Chinese manufacturer, it is at great risk of having the Chinese manufacturer keep the foreign company’s molds. The… Continue Reading

China Dream or China Nightmare

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

The frustrating thing about China is that even 15 years after China’s entry into the WTO, many of the attractive business opportunities in China are still closed to foreign investors. There are many examples: telecoms, insurance, transportation. And though foreign investors are frustrated, cash poor Chinese entrepreneurs are similarly frustrated because these “closures” make it… Continue Reading

China Private Equity: It’s Complicated

Posted in Legal News

Until a few months ago, just about everybody and their mother was interested (and some still are) in setting up companies in China to collect investment funds. The below is a fairly standard email we would write in response to foreign companies that wanted to do this via a China WFOE: 1. WFOEs are generally… Continue Reading

Importing From China: New California Rules May Help You Assert Made In USA Claims

Posted in Legal News

If your finished good is ultimately manufactured in the United States and contains only a small amount of China-origin material, California’s new Made in U.S.A. labeling rules may make it easier for you to label your products as Made in U.S.A.   Prior to California’s new Made in U.S.A. labeling rules, the state prohibited labeling… Continue Reading

China’s Legal Landscape

Posted in China Business, Legal News

One of our China lawyers, Dan Harris, was recently interviewed regarding China law and lawyering in general in this article, entitled Legal Landscape. Large portions of this interview are China relevant, particularly for foreign companies doing business in China, and so if you are one of those companies, we recommend you read it. The below… Continue Reading

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