As we have written many times over the years, if you are selling goods into China, sourcing goods from China, or just doing business in/with China, you should probably register trademarks in China for your brand names and logos. China is a first-to-file country and it does not require evidence of prior use. This means
The common thread in all four examples is timing. The equipment contribution, quality standard, collection strategy, and arbitration language were manageable questions when the deal was being structured; they only became expensive legal problems after the parties committed themselves.
A few weeks ago, a client asked our law firm to handle a relatively routine domestic matter for them. We told them we do not handle such matters and we gave them a short list of excellent attorneys that do. The client expressed surprise at our unwillingness to take on their matter and remarked on
Before the Lunar New Year, Shanghai police cracked down on one of the largest subtitle groups in China, Renren Yingshi (YYeTs.com). The police arrested 14 people (not the actual translators but people who run the business). According to officials, Renren Yingshi is suspected of pirating more than 20,000 television shows and films and of earning
China Lawyer Scams and Bad China Contracts: How Foreign Companies Get Burned Foreign companies doing business in China spend plenty of time worrying about dishonest suppliers, IP theft, unpaid invoices, disappearing manufacturers, and unreliable distributors. They spend much less time worrying about the person they hired to protect them from those problems. That can be
As the PRC plans for the next decade of Xi Jinping rule, economic planning is at the forefront. Xi Jinping's core policy for that decade is his new concept of dual circulation 双循环. The concept is that for economic development China must rely both on domestic economic development and on China's participation in the international
Are Your International Contracts Built to Fail? With the diversification of supply chains, businesses more often must navigate countries with unpredictable legal systems. This post explains how to create strong contracts for countries with weak contract enforcement. Three Common International Contract Mistakes Over-reliance on Arbitration: Arbitration in a neutral country often does not provide the
I recently spoke with an in-house IP lawyer at a high-tech hardware client that does business all over the world, mostly in emerging market countries with weak intellectual property rights and protections, including China. When it comes to protecting their IP, this company employs what he calls a "Swiss Army Knife approach," meaning they do
1. How to Avoid Getting Arrested Overseas When my two kids did their foreign study, I told them that they would be bound by the laws in the countries in which they would live/visit and that United States embassies and consulates can do little to help them if arrested. I also talked with them about
One of the things I've done since the inception of this blog is try to help young people in trouble in China. Mostly this has involved my telling thousands of English teachers NOT to cause a stink with their employers that have not paid them. I tell them I understand why they are angering at
