IP Strategies for the China Plus One Era I recently had a discussion with several of my law firm's international lawyers about how so many of our clients are expanding their manufacturing operations or product sourcing beyond China. These clients now have an "international" strategy in which China is just one component, or in some
Are Contracts Really Enforceable in China? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people
A poorly drafted dispute resolution clause can make even a strong international contract nearly worthless. Drawing on real cases involving China, Vietnam, Japan, and Switzerland, this article explains when to choose arbitration or litigation, what makes these clauses enforceable, and how businesses can avoid costly mistakes that leave them with no practical way to pursue a claim.
Should I Visit My China Suppliers? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people
China IP Risks are Rising Earlier this week, in my blog post, Protecting Your IP from an Increasingly Rapacious China, I discussed the growing threats to intellectual property (IP) posed by deteriorating relations between China and the West I highlighted how these strained relations, coupled with China's struggling economy, have led to an alarming increase
As lawyers, we field a wide range of questions—from the straightforward to the deeply complex. We're often expected to be oracle-level wizards, much like how people now view AI. In this "Quick Question Tuesday series, we’ll share some of these intriguing questions along with our answers. For longtime China Law Blog readers, this “Quick Question
Introduction I am an international transactions lawyer. I frequently handle the initial stages of transactions and often find myself negotiating with parties who do not have legal representation. In these scenarios, I am trying to put together the easiest and most streamlined contract that the counterparty will be comfortable with. This work requires a deep
On July 10, 2024, a new antidumping (AD) and countervailing duty (CVD) petition was filed against imports of Tungsten Shot from China. Tungsten shot is used to produce shotgun shot. The petition was by Tungsten Parts Wyoming, Inc. Unlike most AD/CVD petition, this petitioner admits that they only began production last year in 2023, and
Registering U.S. State Name Trademarks in China Many brands, from craft breweries to universities, incorporate their U.S. state names into their trademarks. This not only reflects their origins but also evokes a sense of heritage and trust. However, for brands looking to enter the vast Chinese market, a significant hurdle awaits. Registering trademarks that include
China's Revised Company Law Yet More Challenges for Foreign Investors China's revised Company Law, implemented on July 1, 2024, marks a significant shift towards a more regulated and transparent corporate environment for all Chinese registered companies -- foreign and domestic. Though Chinese domestic companies must adjust, the impact -- not surprisingly -- will be particularly
