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.
The PRC National People’s Congress on October 26 enacted the long awaited Encryption Law (密码法）, which will come into effect on January 1, 2020. The official text of the law can be found here and an English language summary can be found here: The Law is another piece of the comprehensive cybersecurity system China is rolling
Ron Hesse of GlobalAutoIndustry.com recently interviewed Fred Rocafort — one of our firm’s China lawyers — on “Important Tips for Protecting Your IP from China.” Per GlobalAutoIndustry.com, the 14 minute interview focused on the following: • With regards to IP, what are the most serious IP-related risks faced by U.S. and other foreign companies when
Our China data privacy lawyers have been getting a steady stream of questions regarding our recent post, China’s New Cybersecurity Program: NO Place to Hide, regarding the Chinese government’s rolling out a new system for monitoring company data. These questions are coming from our readers, our clients and the media. Most are seeking answers to the following
The Chinese government has been working for several years on a comprehensive Internet security/surveillance program. This program is based on the Cybersecurity Law adopted on 2016. The plan is vast and includes a number of subsidiary laws and regulations. On December 1, 2018, the Chinese Ministry of Public Security announced it will finally roll-out the
— Protecting Innovation in an Innovative Way: What are China’s IP Courts? After decades of engagement between US and Chinese legal experts on reforming IP protection in mainland China, Chinese IP courts were first pioneered in 2014 in Beijing, Shanghai, and Guangzhou (see the National People’s Congress (NPC) Decision of Establishing Intellectual Property Courts in
A China employment contract must specify the employee’s working hours and the working hours system under which the employee will work. The employee contract for an employee working under the standard hours system must state the employee will have “standard” working hours (this generally means 8 hours a day and 40 hours a week) and
Should I stay in China or should I leave? Should I enter the China market or is it too risky? The answer to these questions is simple: it depends. The secret is understanding what those dependencies are and how your company strategically fits within them. What follows is an oversimplified view of the playing field
A couple months ago, in Five Ways to Accelerate Your China Market Entry, I wrote about how to facilitate a China market entry. I wrote that post because despite the US-China problems, there are still plenty of companies, both U.S. and otherwise, for whom entering into China still makes a lot of sense. But for
Looking to do business with a Chinese company? About to send a Chinese company some money? Want to know whether that Chinese company is worthy of your business and your trust? How do you do get information on a Chinese company when certain private investigatory work in China is illegal? Our clients often ask us to
The below is a list of China wild cards, at least for today. Note that when a deck holds a wild card, the impact of the wild card is something that can be predicted. The wild card changes the rules, but the players all know the wild card will eventually be coming and they can
