Fighting China IP Infringement: The Power of Cease-and-Desist Letters With IP infringement in China rising amid geopolitical tensions and China's sinking economy, many companies are scrambling to protect their intellectual property. But legal action can be slow and expensive. Well-crafted cease-and-desist letters can often provide a faster, more affordable recourse. My law firm's international IP
When a Chinese factory delivers defective products or delays shipment, a demand letter can seem like the obvious next step. It often backfires. Here's how suppliers can respond, when legal threats work, and what to check before escalating a China supplier dispute.
China Arbitration This post offers hands-on advice for crafting arbitration clauses in contracts with Chinese entities Chinese firms, particularly State-Owned Enterprises (SOEs) where the government holds substantial control, typically resist signing contracts unless they provide for disputes to be resolved within China. Depending on the circumstances, seeking resolution in a Chinese court might be favorable,
A China Trademark is a Terrible Thing to Waste I often get emails from people asking what my law firm charges for registering trademarks in China and I always respond by quoting our rate for a trademark analysis and stating that we will not "just" register their trademark in the category they tell us. If
U.S. Notarizations in China Every so often, one of our lawyers in the United States or in China gets contacted by an expat asking about obtaining a U.S. notarization. We provide this service to our clients in the United States for free but flying all the way to the United States just for a notarization usually
China's Mass Layoff Laws As China's economy continues to worsen, and as so many foreign companies seek to "lighten their China footprint" or to leave China entirely, my law firm's China employment lawyers are being hit with a big uptick in questions regarding China employee layoffs. China's mass layoff laws are strict and protective of
Manufacturing in Mexico vs China A growing number of companies manufacturing in China are looking to move their manufacturing out of China entirely or to reduce their footprint there by adding manufacturing elsewhere. The choice of manufacturing location can profoundly impact cost-effectiveness, logistical efficiency, and overall competitiveness. This post focuses on the transition from manufacturing
China's Data Security Landscape This post addresses the options foreign companies have for operating in China and protecting their critical data. The assumption is usually that there must be a technical solution that allows foreign companies to protect their private technical data in China. The problem is technical, so there must be a technical solution.
The "Rush it Through" Attitude in Chinese Manufacturing A recent newsworthy incident in China where construction workers damaged a section of the Great Wall by cutting through it in order to save time highlights the "get it done quickly" attitude that permeates Chinese manufacturing. See China's Great Wall damaged by workers looking for shortcut. This
Introduction In 2022, a U.S. company with a new and unique product forged a relationship with a Chinese manufacturer, placing their trust in a well-regarded Chinese law firm for their contractual needs. But within just eight months, they were shocked to discover their proprietary technology had been replicated and commercialized by their Chinese manufacturer. My
