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
When someone emails one of our international manufacturing lawyers asking us what they should be considering to protect themselves when manufacturing overseas, we typically respond with something like the following: Our clients that manufacture product in China/Vietnam/Mexico/India/Thailand/Taiwan/Malysia (or wherever it is they are asking about) typically use us for some or all of the following
I saw a Teams chat the other day between one of our international manufacturing lawyers and one of our corporate lawyers. The corporate lawyer had posted a request for an example of a product development contract because one of her American clients was going to be working with another U.S. company to develop a product.
Trademarks are not limited to words or drawings and can include sensory marks such as colors, smells and sounds. In the US, the USPTO recognizes sounds as trademarks if the sounds make you think of a company’s product or service. MGM’s roaring lion, Homer Simpson’s D’OH, and 20th Century Fox’s fanfare are all famous sounds
Many American companies (at least outside California where employee non-competes are generally considered invalid) love non-competes and they use them as a matter of course with most (sometimes all) their employees. Generally, a non-compete agreement or a non-compete provision in an employee contract provides that the employee cannot work for one of the employer’s competitors
Most China watchers have spent the past three months trying to decide what a Biden Presidency means for U.S.-China relations. And over the past week, some China watchers also have been watching as mainland Chinese users flocked to discussions on the Clubhouse app, seemingly without sparking concern among Great Firewall monitors. That brief window into
Operating overseas is always difficult. Companies that start out in a new country rarely know the culture or the laws or the rules or the people that can be the deciders between success and failure. It is of course possible to bring in good people who know all of these things, but that can be
Got an email the other day enclosing a link to a Globe and Mail article, Vancouver miner says China trying to steal Xinjiang gold mine, and stating the following: I literally chuckled when I read this. Only for the reason that it pretty much checked off every point you have warned about. They certainly would
Got an email from an American client this morning asking me whether I was aware of how American companies that do “significant” business with China cannot receive Paycheck Protection Program (PPP2) loans. I replied that I was not, because my focus is not on domestic U.S. law or business. But then I started thinking more
Our international manufacturing lawyers are always being asked how to structure product development relationships with Chinese companies so the foreign buyer company actually ends up with the rights to the product that gets developed. This post addresses that issue. The key is to focus on manufacturing rights, rather than on intellectual property rights, especially when
