I love to talk about what I call our “accidental exporter” clients. These are companies (mostly in the United States, but Europe too) who literally lucked out into becoming Asia exporters. And by “lucked out,” I mean they were quietly going about their business when contacted out of the blue by someone in Asia (usually
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
The China lawyers at my law firm are big fans in using China distributors to market and sell products in China. Our thinking on this goes as follows: 1. We have seen too many Western companies spend too much time and money trying to sell their products into China. 2. We have seen too many
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
Since 2006, we have been writing about fake China law firms. See China Where Even The “Law Firms” Are Fake. In that post we talked about fake Chinese lawyers taking money from American companies for trademark registrations: There are those who take money to file trademarks in China and then simply run away. A new client
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
