China Defamation law

China Defamation Law – Based on a (Mostly) True Story

Making a biopic – a biographical movie about real people– is complicated. And one of the biggest concerns is liability for defamation. In an ideal world, filmmakers would get everyone depicted in the movie to sign a release. But that’s often impractical: people want too much money, too much control over how they are depicted,

China Employment Law

China Employee Vacation Law

China’s Regulation on Paid Annual Leave for Employees (《职工带薪年休假条例》) entitles employees who have worked continuously for one year to paid annual leave. China employees are entitled to the following  statutory vacation periods, based on length of employment More than 1 and less than 10 years service: 1 week (5 days) vacation More than 10 and

China Joint Venture Lawyers

China Joint Ventures: The 101

Our China lawyers have written countless articles on China joint ventures (for this blog, for the Wall Street Journal, for Above the Law, and for many others), so it is good when someone we know and respect says the same basic thing about them, which is that you should watch out. The writer is my friend Randall

China Employee Probation

China Employee Probation: All is NOT What it Seems

Employee probation in China has to be one of the most misunderstood issues in China employment law. Westerners just assume their probationary employees are at will employees who can be fired at any time, for good reason or for no reason at all. Wrong. The probation period is PART of the normal employment term and

China Copyright Law

Copyright Protection in China – It’s Real and It’s Spectacular

Okay, maybe not spectacular. But definitely real. An article in yesterday’s Wall Street Journal, How a Plague on the Movie and Music Industries Became Their Chief Protector in China sums up the change happening with China IP protection and enforcement: Chinese search giant Baidu Inc. was once a scourge of Hollywood and the U.S. music

china law blog

Don’t Mess with China Customs

An article from CBCNews, B.C. winery owners facing life in Chinese prison for smuggling, shows how risky it can be to get on the wrong side of China’s customs service. The article is on a Canadian couple facing a long jail term in China for allegedly underreporting the value of the British Columbia wine they

International litigation and debt collection

Suing Chinese Companies and Citizens in the United States and Canada

A German lawyer, representing a German company owed lots of money by a Chinese citizen, wrote me last week to discuss retaining my law firm to help the company collect on its debt by seizing U.S and Canada real property held by the Chinese citizen. This lawyer was coming to me because he had liked

China copyright law

China Copyrights and Work for Hire

As a general rule, the creator of an original work (e.g., a song, movie, or video game) owns the copyright in that work. This is true in the United States and China, and in most every other country in the world. The main exception to the general rule is for “works for hire,” which are

International technology licensing agreements

China Technology Licensing: The Questions We Ask

My law firm’s international licensing lawyers have been writing a slew of China technology licensing agreements lately. These deals usually come to us as China licensing deals. Sometimes they come to us as putative joint ventures, but after we explain the difficulties and costs in doing a joint venture, our clients seek to restructure their

China Government hacking

China Cybersecurity and Data Protection Laws: Change is Coming

China’s new Cybersecurity Law will become effective on June 1, 2017. In addition to focusing on cybersecurity, the law also details how companies are to handle personal information and data. In determining what is allowed and not allowed for handling personal information in China, it is important to examine The Decision on Strengthening Information Protection on Networks (2012), The Guidelines

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