How to License Your IP

China Licensing Agreements: The Key Provisions

The International Business Law Advisor Blog did a post, entitled, 6 Key Provisions You Should Include in Your International Licensing Agreements. I borrow extensively from that post for this one, but tailor it more towards China. I list out IBLAB's tips in bold and then provide its explanation in normal font. My comments in italics

international compliance lawyers

China Guanxi: You Ain't Got It

David Wolf at The Silicon Hutong blog just came out with a superb post riffing on the meaning of guanxi. The post A Few Notes on Guanxi [Link no longer exists] more accurately and concisely defines guanxi than anything I've seen. It is so good and so important, I feel I have no choice but

China versus Vietnam and Thailand for foreign investment

China is a Good Place for Foreign Companies

Our clients are always talking about where to invest in Asia, even more so in light of recent concerns about China no longer being a preferred destination for foreign investment. I have argued consistently that China is one of the best places for foreign investment in Asia. The World Economic Forum's most recent Global Competitiveness

International letters of credit

International Letters of Credit

Understanding Letters of Credit Avoiding Pitfalls in International Transactions Letters of credit are complex financial tools that can be risky if not properly understood. This post will explain what letters of credit are, delve into potential complications, and provide advice to avoid risks when using them for international transactions. A Cautionary Letter of Credit Tale

China retail stores

China Retail: Creating Your Own Customers is Key

Retailing in China: Three Hard Truths for Foreign Brands As China evolves from the “factory of the world” to a global growth engine, more foreign businesses are shifting their focus from manufacturing in China to selling their products there. These days, companies reaching out to our law firm are just as likely to ask how

China lawyers

Why NDAs Do Not Work for China, but NNN Agreements Do

Why NDAs Fail in China: Use an NNN Agreement Instead A few years ago, in The Power of China-Specific NNN Agreements, I explained why China NNN Agreements are so important when doing business with China. Within a few hours of that post, one of my law firm's China lawyers pointed out that if we are

China criminal law

How to Violate Chinese Law and Get Away With It: Don't Go There.

In Cashing in on Internet Censorship, CNN News writes how VPN companies is booming, thanks largely to China. The article discusses how "foreign companies are profiting from software that allows circumvention of government internet controls." The article quotes one of my law firm's international attorneys  on how businesses that offer firewall avoidance software in China are

China spies on foreign businesses

China: The Walls Have Ears

China is watching you. I am convinced about 99.99% of all emails go through. But for me, that means at least a few of the emails I send each week will not reach their destination. If I do not hear back from someone quickly, I assume they did not get my email and I send

China's new Company Laws

China Company Law: The 101

On January 1, 2006, China implemented its New Company Law. At around that same time, Steve Dickinson wrote a scholarly article on the new law for the Pacific Rim Law & Policy Journal, entitled, Introduction to the New Company Law of the People's Republic of China. At around the same time, Steve wrote the China

China Lawyers

China and Its Many Laws

There usually is one right way for businesses to act legally in China and if you are a foreign company, your best bet is to know and follow Chinese law. One of the problems businesses face in China is too many laws, some of which conflict with others. In Do Too Many Rules Erode the

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