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Tag Archives: Chinese manufacturer

How To Hide Your Imports From China

Posted in China Business

If you import a product into the United States from China, the odds are good that your competitors can find out about it. And by find out about it, I mean they can easily and very cheaply (sometimes even for nothing) use a service such as Import Genius, Panjiva or Tradesparq or others to determine what you… Continue Reading

How To Avoid Fake Test Certificates From Your China Manufacturer. Do It Yourself.

Posted in China Business

One of our China lawyers got an email the other day from an American company that just learned it is in trouble here in the United States (yes, I am being deliberately vague here) stemming from having imported and sold a whole slew of electronics products that are listed as UL certified, but are not…. Continue Reading

You Can’t Make A Good Deal With A Bad Chinese Company

Posted in China Business, Legal News

The title is stolen from the Warren Buffett line, “You can’t make a good deal with a bad guy, regardless of any piece of paper. And it is so true. Our China lawyers are always telling our clients the following: Legitimate Chinese companies do not want to get sued. In our experience, they are even… 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

China Branded Products In The United States. When Will They Find True Love?

Posted in China Business

Many years ago, a company that manufactured outdoor products that it sold in hardware stores across America came to us with the following problem: Its Chinese manufacturer had (through a straw person) registered in China about a dozen trademarks that our new client used on its outdoor products.  More importantly, the Chinese manufacturer had just… Continue Reading

China Manufacturing Agreements

Posted in Basics of China Business Law, Legal News

It’s the weekend, which means that I watch the Seattle Seahawks annihilate an opponent (the Tennessee Titans are this week’s victim) while cleaning up my inbox. In my inbox was an email from one of our China attorneys to a client for whom we are working on an NNN Agreement, but who will likely eventually… Continue Reading

How to Succeed At China Manufacturing.

Posted in China Business, Recommended Reading

David Dayton over at the Silk Road International Blog did an excellent post on China manufacturing a couple years ago, but I just saw it today. The post is entitled, “What to ask for at a trade-show (and afterwards too),” and it starts off with Dayton saying that he is writing the post because he… Continue Reading

How To Get Good Product From China; Specificity is THE Key To Your OEM Agreement.

Posted in China Business, Legal News

We are always telling our clients that they cannot be too specific with their product requirements when buying product (OEM product or otherwise) from a Chinese manufacturer.  Words like “blue” or “good quality” or “typical in the industry” are meaningless.  There is a wide range of blues and unless you specify the exact blue that… Continue Reading

The New Era In China Product Supplier Relationships Requires New Contracts

Posted in Legal News

One of the themes we have been addressing for the last year or so is how the relationship between foreign companies and their Chinese product suppliers is maturing. A few months ago, in The New Role Of Written Contracts For Product Purchases In China we wrote of how rising product prices have increased the need for good… Continue Reading

How To Stop Your Chinese Supplier From Becoming Your Competitor.

Posted in Legal News

Renaud Anjoran over at the Quality Inspection Tips blog recently wrote on “How your Chinese suppliers might become your competitors.”  Anjoran provides some excellent suggestions for preventing your China supplier from competing with you, based on his notes from a talk by Paul Melkebeke, Vice President Supply Asia for Samsonite. Melkebeke talked of how building a… Continue Reading

The China NDA (Non Disclosure Agreement). Shut The Barn Door BEFORE The Horse Bolts.

Posted in Legal News

Just received the following comment to our post, How To Find And Deal With Chinese Manufacturers: I have a question, I sent a picture of a unique [product] and they sent back an email saying that they would like to manufacture it and when I said mine they corrected me by stateing ours. is this normal?… Continue Reading

Using Letters Of Credit With China Suppliers

Posted in China Business

This is a guest post from Renaud Anjoran.  Renaud runs a product quality inspection business in Shenzhen and he also writes the truly excellent and perinially helpful Quality Inspection Tips.   My firm has worked with Renaud on a number of China product matters and we have consistently found him to be highly knowledgeable about… Continue Reading

Do You Know What Your China Contract Says?

Posted in Legal News

A potential client recently sent me a contract written in both Chinese and in English. The English portions were silent about the controlling language but the Chinese portion made crystal clear that the Chinese language portion would control.  And guess what? The Chinese language portion was very different from the English language portion. So different,… Continue Reading

Buying A Chinese Company? Why China Deals DON’T Get Done.

Posted in China Business, Legal News

We lawyers are known as deal-killers. Most lawyers get offended by that moniker and vehemently deny it. Me, I am more than willing to own up to it. Clients go to lawyers all excited about a deal and it is the lawyer’s job to point out the risks and to explain which of those risks… Continue Reading

Drafting A China Manufacturing Agreement. Watching The Sausage Get Made.

Posted in China Business, Legal News

I love it when a blog post just lands in my lap, and one just did. It is a couple of emails from two of my firm’s lawyers to two different clients, both of whom recently retained us to draft OEM Agreements for production of product by factories in China. Both clients are in the… Continue Reading

How To Achieve Problem Free China Outsourcing. Or Not.

Posted in China Business

We are always preaching that if you 1) choose a good manufacturer, 2) use a good OEM contract, 3) engage in good quality control monitoring, and register your trademark, the odds are overwhelming that you will do just fine in outsourcing your product from China. The odds just went down. In 2009 and 2010 and… Continue Reading

Injuring People With Your China Product. What To Do.

Posted in China Business, Legal News

I am often asked by my clients what they can do to minimize the risks of getting stuck holding the bag when the product they import from China either injures consumers and/or needs to be recalled. My first answer is usually “not a whole lot” and then I talk about how they need to inspect… Continue Reading