Hong Kong for business

Hong Kong is Over and We Told You This Would Happen

On August 13, 2019, in Hong Kong for International Business: Stick a Fork in It we made clear Hong Kong would soon cease to be an international business center and companies needed to consider moving out. To say this generated anger would be an understatement. In comments, I was called a "turd", "hopelessly naive" someone

China Trademark Law

China's Well-Known Trademarks: A Primer

Well-known trademarks enjoy protection under Chinese law. This protection is the closest China comes to protecting unregistered trademarks. However, the circumstances under which such protection is afforded are limited, given that the standard for a trademark being considered well-known is exceedingly high. To illustrate just how stringent the standard can be, consider a situation I

Web3 and blockchain

China (and Other Nations) May Be Winning the Blockchain Race Against the U.S.

I recently read a great article in Politico by Brandon Possin, a U.S. foreign service officer (and friend of my colleague Fred Rocafort) who is currently stationed at the U.S. embassy in Tokyo. Possin also has significant blockchain-related credentials. In U.S. Diplomat to Washington: You’re Becoming Obsolete in One Big Area of Tech Policy, he

China foreigner and dual national arrest risk

How to Assess Your Personal China Risks

With the recent slew of foreigner arrests in China for what many assume to be political reasons, the number of clients asking me about the risks to their employees in China has soared. This post is meant to help quantify the arrest/seizure risks to foreigners in China. 1. China as One Giant Casino In Jonathan

forced labor sanctions

Staying On Top of the Uyghur Forced Labor Prevention Act

The past couple of weeks have seen a flurry of important Uyghur Forced Labor Prevention Act (UFLPA) developments. This post flags the things importers need to know now in a way that links back into the bigger picture of what importers need to be doing to achieve UFLPA compliance. Let’s start with the latest UFLPA

Overseas Sourcing Agents: Factory Selection, Fees, and Legal Protection

Overseas Sourcing Agents: How to Find a Good One

Should you hire a sourcing agent or work directly with an overseas factory? Learn how to find and vet sourcing agents, compare compensation arrangements, avoid hidden commissions, protect your intellectual property, and structure contracts that hold the right companies responsible when manufacturing problems arise.

China contract drafting

The Best Way to Send a Draft Contract to Your China Counterparty

The other day I cleaned up and revised the various email templates our China lawyers sometimes use to answer frequently asked questions sent to us by our clients and potential clients. One of the common questions we get from clients is on how to send to the Chinese side of a deal the contracts our

How to leave China

A Resounding Maybe on Fleeing China

In China, the United States and the New Normal, I called the US-China trade war the “New Normal” and I predicted a “diminished future for foreign companies” manufacturing in China. I also said that since "the inception of the US-China trade war we have been saying that we do not see its end because we

Friendshoring. Moving manufacturing from China friendshoring

China Plus One is Getting Real

In 2014-2015, China Plus One was all the rage, and everyone (including us) was talking about the risks of companies putting all their eggs in one "China basket." It was determined a China Plus One strategy was the way to counter those risks. This strategy involved companies having some/most of their products made in China,

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