international arbitration versus international litigation

A Guide to Dispute Resolution Clauses in International Contracts

High-Quality Dispute Resolution Clauses With sushi restaurants, it’s the yellowfin. With new houses, it’s the windows. With international contracts, it’s the dispute resolution provision. The “it” I am talking about is the easiest, fastest, most accurate way to judge whether something is good or not. For international contracts, I head straight to the dispute resolution

China Trademark Opposition actions

Protecting Your Trademark in China: A Guide to Oppositions

China Trademark Oppositions Have you discovered that someone is applying for a trademark suspiciously similar to yours in China? Don’t panic! This blog post will guide you through the process of filing an opposition with the China National Intellectual Property Administration (CNIPA). What CNIPA Looks For When evaluating trademark oppositions, CNIPA focuses on two key

Two fists, one with the Chinese flag and the other with the US flag, bump together under the words "Intellectual Property" on a cloudy background, symbolizing ongoing China-US IP disputes.

Why (And How) to HIDE Your IP from an Increasingly Rapacious China

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

Protecting Your IP from China

Protecting Your IP from an Increasingly Rapacious China

China IP Risks are Rising With the fraying of relations between China and the West, Chinese companies are becoming increasingly concerned about their ability to maintain long-term relationships with foreign companies. Add in a flailing Chinese economy and you can understand why the incidence of Chinese companies “grabbing” IP from the foreign companies with which

Internatoinal lawyers for international transactions

Understanding the Fundamentals of International Contracts

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

China anti-dumping lawyer

New AD/CVD Petitions: Tungsten Shot from China

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

Trademarks in China

U.S. State Name Trademarks in China: Think Twice

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

Doiong business in China means walking a tightrope

China’s Revised Company Law: The IMMEDIATE Impacts

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

China manufacturing rules

Will a China Manufacturing Joint Venture Reduce Your China Manufacturing Risks?

Joint ventures with China factories are seldom a good idea.The better way to handle these relationships is usually with a China-centric distribution agreement that sets forth sales goals and allows you to walk away if your Chinese factory does not meet those goals. It usually makes sense to have a trademark licensing agreement with your distributor as well.