How to do business in China

China Employee Hiring Myths

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.

US Corporate Transparency Act (CTA)?

China Distribution Contracts: The Questions We Ask

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

Artificial Intelligence AI

China’s Artificial Intelligence Plan

The Chinese government is constantly working to push Chinese manufacturing up the value chain. More recently, the push from the central government has become more formalized, resulting in the 2015 issuance of the State Council manufacturing modernization manifesto: Made in China 2025《中国制造2025》(State Council, July 7, 2015). Made in China 2025 focuses less on the types

China automotive IP Intellectual Property

China IP Challenges for Automotive Suppliers

I did an interview the other day with GlobalAutoIndustry.com, on China IP Challenges for Automotive Suppliers, dealing mostly with automotive high-tech, which in most respects is no different from high tech generally. The below is a transcript of that interview. For anyone who has been living in a cave, the auto industry has changed, is

Chinglish

Dual Language China Contracts: Don’t Get Fooled!

Dual Language China Contracts: What You Must Know I cannot believe this is still happening, but it is. The “this” to which I am referring is foreign companies signing dual language contracts without knowing exactly what the Chinese language portion of their contract says. This is dangerous for the reasons given below. The Pitfalls of Dual

China trademark lawyers

China Trademarks: Register Yours BEFORE You Do ANYTHING Else

Your brand name and your product name and your logo are likely some of your company’s most valuable assets. Most companies realize this. Yet most companies do not realize how they put these things at risk by exploring doing business with China without FIRST applying for a China trademark. And in the past year or

Doing Business in Myanmar Burma

Doing Business in Burma/Myanmar: An On the Ground Report

7-3-2012. I just returned from Yangon, Myanmar, where I attended the first Myanmar Investment Summit and met with local attorneys and local businesspeople regarding foreign investment into Myanmar. I was quite surprised at the situation in Myanmar and the government method of promoting the local economy and integrating foreign investment into that development. As described

China IP theft

How to Give Away your IP in China Without Realizing it

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 law blog

China Trademark Cancellations: Strategy and Timing

Pre-application trademark searches and post-application notices from the China Trademark Office (CTMO) are increasingly revealing conflicts with existing trademark registrations and pending trademark applications. Given the vast number of trademarks being filed in China, this comes as no surprise. But a cited conflict, whether in a search or from the CTMO examiner, isn’t necessarily the

China Product Defects, Lawsuits, Hostage Taking and Exit Ban: Please, Please, Please Read This!

China Product Defects, Lawsuits, Hostage Taking, Sinosure, and Exit Bans: Please, Please, Please Read This!

Chinese manufacturers are notorious for making and sending bad products. Not surprisingly, foreign buyers of these bad products often refuse to pay their Chinese factory anything more for those products. This unpaid amount is often substantial. The foreign buyer then moves on to a new factory. This new factory is often located in the same

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