Hardly a day goes by without one of our China employment lawyers getting an email from a China expat seeking legal help involving an ex-employer. Many times they will briefly describe their situation and conclude their email with something like, "do I have a case?" Our employment attorneys nearly always respond with something like the
Over the past couple weeks, the Chinese Internet has been abuzz with chatter about how Chinese movie stars allegedly underreport income via a dual-contract system in which only one contract is disclosed to the tax authorities. The ruckus started when television personality Cui Yongyuan uploaded a redacted actor employment contract apparently for Chinese A-list actress
Our China IP lawyers have lately been seeing a steady increase in China design patent filings, as Western companies increasingly come to understand the need to be proactive in protecting their IP from China. We file most design patents to protect product designs, but some are filed for defensive purposes. The defensive design patents are
The one thing I know for sure about China is, I will never know China. It’s too big, too old, too diverse, too deep. There’s simply not enough time. – Anthony Bourdain, On Parts Unknown First Kate Spade and now Anthony Bourdain. What the hell is happening? How incredibly sad. I feel compelled to repost
Foreign companies doing business in China must onboard their employee hires correctly. Unfortunately, there are many myths that make doing this less likely. This post briefly explains four common and potentially dangerous China hiring myths. 1. Hiring Without a Chinese Legal Entity (WFOE or Joint Venture) is Fine if You Bring on Only Independent Contractors.
Forming a WFOE in China and then operating that business in China is difficult and expensive. See e.g., Forming a China WFOE: Ten Things To Consider and See also Doing Business in China Without a WFOE: Will the Defendant Please Rise on why having a WFOE is a must if you will be doing business
When working on complex contract manufacturing agreements, most of our clients tell us their main goal is to protect their intellectual property. This is particularly true for designers of start-up products where much of of their IP consists of trade secrets and know-how that require a formal agreement with the manufacturer. However, as we work
China trademark cancellations are often less about removing a dead registration than about timing your own application correctly. This post explains how non-use cancellations work, when CNIPA can suspend related review proceedings, and how to coordinate cancellation strategy with a new China trademark filing.
Earlier this year, China released the final version of the national standard on personal information protection, GB/T 35273-2017 Information Technology – Personal Information Security Specification (信息安全技术 个人信息安全规范) (the “Specification”). The Specification will take effect on May 1, 2018. The Specification is not a law or regulation that requires mandatory compliance. However, it likely will be
If you are an expat working or seeking a job in China, your China employment contract matters. If you plan to travel to China to take a new job there (or even just take a new job there) you should do all of the following Have your proposed employment contract checked by a China employment
