pipe bursting

Stop Your IP and Key Information from Leaking when Manufacturing Overseas

This post focuses on protecting against intellectual property losses arise from what we call leakage — the situation where a company has a contract preventing its foreign counter-party (usually a foreign manufacturer) from using its proprietary information, but fails to prevent that information from leaking to third parties not bound by such a contract. When

China NNN Agreements

China NNN Agreements: The Questions We Get

When our China lawyers are tasked with drafting a China NNN Agreement, they start by sending the client a tailored questionnaire. Then once they have the answers they draft the NNN Agreement in English (for the client) and in Chinese (the official version). Most of the time, our clients at that point take the NNN

microphone

Sports Broadcast and Music Video Copyright in China

Sports broadcasts aren’t recognized as copyright subject matter Sports broadcasts aren’t recognized as copyright subject matter under Chinese statute law although they have been accepted as such in some of the Chinese case law. This makes it necessary for sports brands, such as leagues or their licensees, to tackle piracy using Chinese anti-unfair competition laws.

China business culture

How Not to Lose Your IP When Developing a Product with Your China Factory

Do not gift your IP to your Chinese factory For all the talk of moving manufacturing out of China, most hardware companies that develop cutting edge hardware are pretty much stuck there, at least for a few more years. They have to go to China to have their product manufactured. There simply are not factories

China employee discipline

How the West Can Win the Innovation Race With China

This is Part 2 in what will be a long-running series by Scott Holbrook and Adam-Paul Smolak on how the United States and the rest of the world can take back much of the manufacturing they sent to China and thereby bring high-level manufacturing jobs to the United States and to allied countries. Go here

stick figure

Music Royalties in China: Let Those Without Sin Cast the First Stone

China is digital. Its music market is almost entirely digital. Physical sales here comprise only about 20% of the total market.  China has more than twice as many internet users as the US has people. There are about 900 million mobile internet users here, 70% of whom consume music online. That means there are around

A Legal Checklist for Doing Business Internationally

Contents of this Article: Confirm Legality Create a Contract Protect Your Intellectual Property Comply With Export Control Laws Understand Employment Laws Comply With Tax Rules Lawyers love checklists, and we international business lawyers are no exception. Me, I love clients, not only because they are the lifeblood of my law firm and thus my livelihood,

cyber looking padlock

China’s Personal Information Specifications: Revised

On March 6th, the Standardization Administration of China (SAC) joined with the State Administration for Market Regulation (SAMR) to issue GB/T 35273-2020 《信息安全技术 个人信息安全规范》 , or “Information Security Technology – Personal Information Security Specification,” which will come into effect on October 1, 2020. This 2020 Specification will replace GB/T 35273-2017, which has been in effect

China trademark movies

Chinese Entertainment Law: A New Audiovisual Work On The Horizon

China’s copyright law, in its present form, has been in place since 2010 and numerous proposals for amendments have been floated since that time. The National People’s Congress recently released another draft amendment and solicited public comment. As far as I can tell, this would be the 5th draft since 2010. In a recent post

International IP lawyer

China Trademark Law: Simple and Effective 17 Years Later

China Trademark Registrations Recently, I ran across an article Dan Harris wrote on China’s trademark laws way back in 2007, entitled China Trademark Law: Simple and Effective. As I read the article, it struck me that it could have just as well have been written, almost word for word, in 2024: Members of the media