Our China employment lawyers constantly hear misinformation about China employment contracts and double wage claims. In this post, I will try to set the record straight. China’s employment laws require full-time employees be employed pursuant to a written employment contract. But what happens with employees without a written employment contract? As with pretty much everything
Renaud Anjoran over at the Quality Inspection Blog has written a post that anyone who has products made in a foreign country should read. The post is entitled, How to Protect against Copies when you Manufacture in China, and it makes for an excellent guide on how to prevent your manufacturer from copying your products.
Licensing your technology to a company in China Licensing your technology to another company is fraught with risks. Licensing your technology to a company in China has its own additional challenges. The first thing you should do before licensing your technology to a Chinese company is to make sure you may legally do so under
Contracting in China: The Old and the New It used to be common for OEM manufacturing in China to be done on a purchase order basis, with no underlying contract. Much service work done by foreigners for Chinese clients was based on an exchange of emails. Today, however, to be able to bring a plausible
Michael Jordan just lost another China lawsuit in his ongoing effort to combat alleged trademark infringement in China. This lose highlights a point that must be familiar to even the most casual reader of this blog: Michael Jordan just lost another China lawsuit in his ongoing effort to combat alleged trademark infringement. This case, like
China joined WIPO (the World Intellectual Property Organization) in 1980 and it introduced its first copyright law in 1990. China adopted modern intellectual property laws as a condition of joining the WTO (the World Trade Organization) in 2001. 2001 China intellectual property laws amendments The 2001 amendments were the first round of modernization of China’s
As we pointed out in SaaS in China: Build a compliant Go-to-Market Plan by Looking Beyond the Regulations and again in Foreign SaaS in China: Get Off of My Cloud, the PRC does not permit foreign entities to make direct sales of SaaS products from servers located within China. For foreign software companies, this is a major
China’s recently stepped up efforts to root out unregistered foreign businesses in China has caused a rash of China consultants to retain the China lawyers at my law firm. From our work in forming China WFOEs (wholly foreign owned entities) for these consultants, we have discovered that many China consultants are falling dangerously short in
Under Chinese law a foreigner who comes to China to complete a “short-term work task” and stays no more than 90 days, must get a work visa (a Z visa). A “short-term work task” is defined as one of the following: Tasks such as those involving technology, scientific research, management and guidance at the place
China Contract Formalities Contracts with Chinese companies often generate a unique set of legal and procedural intricacies. China’s legal landscape differs significantly from that of American, European, or Australian jurisdictions, primarily due to its distinct regulatory frameworks and business culture. These differences require a China-centric approach to both the drafting of China contracts and to
