The China Law Blog focuses on the practical aspects of Chinese law and how it impacts foreign companies that do business in or with China. The goal is to help readers understand what works and what does not work and what businesspeople can do to use the law to their advantage. China Law Blog’s aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.
Before the Lunar New Year, Shanghai police cracked down on one of the largest subtitle groups in China, Renren Yingshi (YYeTs.com). The police arrested 14 people (not the actual translators but people who run the business). According to officials, Renren Yingshi is suspected of pirating more than 20,000 television shows and films and of earning
As the PRC plans for the next decade of Xi Jinping rule, economic planning is at the forefront. Xi Jinping’s core policy for that decade is his new concept of dual circulation 双循环. The concept is that for economic development China must rely both on domestic economic development and on China’s participation in the international
Trademarks are not limited to words or drawings and can include sensory marks such as colors, smells and sounds. In the US, the USPTO recognizes sounds as trademarks if the sounds make you think of a company’s product or service. MGM’s roaring lion, Homer Simpson’s D’OH, and 20th Century Fox’s fanfare are all famous sounds
Our international manufacturing lawyers are always being asked how to structure product development relationships with Chinese companies so the foreign buyer company actually ends up with the rights to the product that gets developed. This post addresses that issue. The key is to focus on manufacturing rights, rather than on intellectual property rights, especially when
In a recent op-ed, I wrote how the controversy over Disney’s Mulan embodies some of the ethical dilemmas and pitfalls that face companies doing business in China. On one hand, to maintain their presence in China these companies must comply with the demands and expectations of the Chinese Communist Party (CCP). On the other hand,
When foreign buyers purchase products from Chinese factories the big issue is usually who owns the design of the product. This issue is often discussed in a theoretical way, based on intellectual property law principles, without getting to the real point. You are having a product made at Chinese Factory A. You decide the price
If you are going to manufacture your products in Asia, you need to register your brand name and your logo as a trademark in whatever Asian country you are doing your manufacturing. And as we have been saying for years and years, there are no ifs ands or buts about this. But in addition to the
1. The Product Development Stage is the Riskiest Stage of Manufacturing Companies doing overseas contract manufacturing often “co-develop” products with their overseas manufacturers. In some cases, the company seeking a manufacturer has completed product development and the only involvement from the manufacturer will be to figure out how to manufacture the product at high volumes.
As China steps up its tax enforcement against both foreign companies and foreigners, we are seeing increasing instances where expat employees working in China are having their salaries “split” by their Chinese or foreign company employers. We strongly counsel our employer clients against doing this sort of salary splitting and we even more strongly counsel
As part of our China employment work, our China employment lawyers are often tasked with helping expats navigate the China employee onboarding process, including reviewing and revising their employment-related documents, such as employment contracts. This involves our making sure our clients’ contracts protect their interests and achieve their goals and minimize the likelihood of confusion
