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Tag Archives: China lawyer

Beijing Sheraton Great Wall. China Writ Large Or Me Just Being Petty?

Posted in China Business

So before anyone accuses me of being angry, petty and spoiled, let me flat out say that I cop to all of those things. But here goes. I am Starwood Platinum – Starwood’s highest level of loyalty in its frequent stay program. According to Starwood, this means the following: Our highest level, Platinum, is reached after completing… Continue Reading

China Contracts. Arbitration Versus Litigation. It’s Complicated.

Posted in Legal News

A few months ago, co-blogger Steve Dickinson, Greg Buhyoff (our lead Vietnam lawyer), and I went on an extended  legal/business trip to Ho Chi Minh City and Hanoi, during which we met with around a dozen Vietnamese lawyers. One of the questions we asked nearly all of these lawyers (mostly because we kept getting different answers) was… Continue Reading

So You Want To Be An International (China) Lawyer, Part VI. Fuggetaboutit.

Posted in Legal News

Law schools want money. Law schools make money off their tuition. This means law schools want as many qualified students to enroll (within limits, of course) and this also means that they do not want their enrolled students to drop out. Law schools oftentimes try to entice students to enroll in their schools and to… Continue Reading

China IP Litigation Exploding And What That Means For Those Doing Business In China

Posted in Legal News

Just came across an interesting post with a not so interesting title on the China IPR Blog: IP Developments in Beijing.  The post starts out discussing how “due to the rapid increase in IP cases in the Beijing Number 1 Intermediate Court, particularly IP cases involving patent and trademark validity, the Beijing Intermediate Court will split its… Continue Reading

So You Want To Be An International/China Lawyer, Part V. Know The Fromm Six.

Posted in Good People, Recommended Reading

I wrote this post in April of last year and while going through draft posts just realized that I failed to post it back then, and so I’ve updated it and posting it now. I get at least twenty emails every week from law students/young lawyers expressing interest in becoming an international lawyer (or a… Continue Reading

The Double Standard “Tax” On Foreign Companies Doing Business In China. What To Do?

Posted in China Business, Legal News

Just read a highly relevant post by Ben Shobert (it’s sheer coincidence that I am having lunch with him today) on The Ethical Challenges of Doing Business in China’s Healthcare Economy. Though Ben’s post focuses on health care companies, it applies to virtually all foreign companies doing business in China. Ben’s post stems from an MBA… Continue Reading

Manufacturing Agreements For China. How Exclusive Agreements Work And Why.

Posted in Legal News

Our clients often ask that we put a provision into their manufacturing agreements prohibiting their Chinese manufacturer from making the same product for anyone else. This naturally leads to a long discussion, that often goes somewhat like the following, using a laptop computer bag as the example: China Lawyer:  What do you mean by a… Continue Reading

How To Do A China Joint Venture. Take Your Sweet Time.

Posted in China Business, Legal News

As regular readers know, both my co-blogger (Steve Dickinson) and I have written extensively on China Joint Ventures, both here and elsewhere. This is because we find them fascinating, mostly because they are so difficult to make work. Here are some of our previous writings on joint ventures in China that focus on when to… Continue Reading

Basic Protections When Using A China Employee Dispatch Company.

Posted in Legal News

Got an email the other day (probably the tenth such email I have received) from someone about to sign a contract with a Chinese employee dispatch company. The email asked that one of our China lawyers review the contract within the next two days to make sure there were no “hidden issues”.  I promptly wrote… Continue Reading

Computer Gaming and Software Development in China. A Free Webinar.

Posted in Events, Legal News, Recommended Reading

A few weeks ago, CLB’s own Steve Dickinson gave a webinar presentation on the legal aspects of China gaming and software development.  Steve’s talk was half of a China IPR SME Helpdesk presentation, entitled, Cultural and Creative Industries: Computer Gaming and Software Development in China. The Helpdesk described the webinar as follows: Very few economic sectors… Continue Reading

China NNN Agreements. Watching The Sausage Get Made

Posted in Uncategorized

It is not uncommon for one of our China lawyers to receive an email along the following lines: I am leaving for China tomorrow to meet with potential Chinese manufacturers and I just learned that a US-style NDA is of little to no value in protecting my trade secrets from Chinese companies.  Can you get… Continue Reading

China Contracts: Is That A Real Seal/Chop?

Posted in China Business, Legal News

Was cc’ed on an email between one of our China lawyers and a client that sets out what our client can do to help ensure that the seal (a/k/a chop) on its China contract corresponds with the actual seal held by the Chinese company with whom our client is conducting its China business. Thinking the… Continue Reading

Forming A China WFOE: Watching The Sausage Get Made.

Posted in Legal News

One of the most frustrating things about doing business in China is the paper work. The seemingly endless paper work…. I was cc’ed on an email the other day from one of our China lawyers to one of our clients.  The client had signed the documents required for a WFOE using the wrong ink.  The… Continue Reading

Having China IP Problems? Whose Fault Is That?

Posted in China Business, Legal News

Very interesting discussion recently took place on our China Law Blog Linkedin Group.  The discussion was started by a businessperson wanting to know whether “‘—the concept of prior art’ in patent and trademark application really exists in China?” I am rehashing the discussion below for three reasons.  First, because I think it nicely highlights the… Continue Reading

In Which We Turn You Into A China Lawyer. NOT!

Posted in Legal News

Got the following message on linkedin a few weeks ago: Been following [China Law Blog] for about 8 or 9 months — it’s been helpful as I’ve been setting up a foreign branch here (sourcing appliances for overseas), preparing employment contracts, renegotiating OEM deals, etc. The site is by far the most useful, practical, concise… Continue Reading

Litigating In China. What You Need To Know.

Posted in Legal News

Just came across a truly excellent article, entitled, “Patent Procurement and Enforcement in China: A Field Guide.” This guide was written by four Morrison & Foerster patent lawyers. : Ken Xie, David Yang, Glenn Kubota  and Peng Li (formerly with MoFo). The article is in two parts. Part I consists of a nuts and bolts overview on China patent… Continue Reading

Rule One For Doing Business In China. No Bribery. Rule Two, Make Sure Of It.

Posted in Legal News

Thank you GlaxoSmithKline (GSK).  Though I have zero idea whether GSK is guilty of anything in China, I do know that the media’s near daily coverage of the bribery allegations against it has made my job as a China lawyer much easier. Let me explain. One of the issues we constantly face as lawyers that… Continue Reading

China History Podcast. It Is That Good.

Posted in Recommended Reading

A few days ago, I received an email congratulations from a friend for China Law Blog having made the 2013 edition of Danwei Model Workers.  Danwei’s Model Workers lists out “the best China-related blogs” and among those who deal with China daily, its list is really the sine qua non of the China blogosphere.  The email was… Continue Reading

China’s Five Best Business Opportunities, Revisited.

Posted in China Business

I was interviewed last night by a reporter writing a story on foreign companies doing business in China.  At one point, she asked me what I saw as the best business opportunities for foreign business in China.  And I referred her to this post, China’s Five Best Business Opportunities, in which I list out education, healthcare,… Continue Reading

So You Want To Be An International (China Lawyer), Part IV. Do You Really?

Posted in Legal News

I must receive at least a twenty emails every single week (no exaggeration) from law students (mostly), potential law students, and even lawyers asking me what they should be doing to become a China lawyer or an international lawyer.  In most cases I respond by telling them that they should go to the best law… Continue Reading

China Contracts Because China Law Does Matter

Posted in Legal News

Fascinating and important post over at the Chinese Law Prof blog today, entitled, “When does law matter in China?”  The post and my own experiences lead me to answer by saying “all the time.”  But remember mattering is not the same thing as being determinative. Professor Clarke starts his blog post by noting how he… Continue Reading

Chinese Business Law Books You Should Own

Posted in Uncategorized

We constantly receive emails from readers seeking our advice on the books they should be reading to better understand China’s laws and legal systems.  I respond to those emails by linking over to the most recent post listing out such books.  Realizing, however, that our last list has gotten a bit long in the tooth,… Continue Reading

Your Chinese Lawyer. Trust Yet Verify?

Posted in Legal News

Got an email recently from someone who had contacted me months ago regarding a potential litigation matter against a Chinese company. The case was not terribly complicated and so I recommended this person secure local Chinese counsel, particularly since he spoke Mandarin.  The new email was an update and the news was not good. Seems… Continue Reading

Selling Into China: The New Wave

Posted in China Business

By: Steve Dickinson The promise of China as a market for U.S. exports has always been one of the dreams of U.S. businessmen. What many U.S. companies now need to understand is that dream has already been realized. With little fanfare, China has become one of the major markets for U.S. imports. China is already… Continue Reading