Years ago, I spoke at a major technology event on how to protect IP from China. I rarely use notes when I give a speech, which and I often riff on various things. At some point during that speech, I mentioned how technology companies tended to get into more trouble when it comes to China
China has become adept at spotting and hunting down foreign companies doing business in China without a required Chinese entity. What exactly constitutes doing business in China at a level requiring a Chinese corporate entity ? That is far too complicated to answer in a blog post, but suffice it to say that the Chinese
My good friend and trademark lawyer extraordinaire, Mike Atkins, recently wrote Basics of Trademark Protection in Plain English on U.S. trademarks. Below I take what Mike said, and explain how it applies to China or not. Mike’s portion is in regular font and my portion is in italics. A. Trademark Enforcement Principles The main way
On March 10, 2016, the PRC government will impose new rules to govern online publishing in China. Under these new rules, all entities that intend to publish online in China must first obtain an Online Publishing Service Permit from SAPPRFT. The OPS Rules set out the conditions for obtaining the required permit. The Chinese government strictly
I was interviewed last year by as part of an ongoing interview series on strategy and innovation. The below is that interview [it is no longer online anywhere else]. Dan Harris is the founder of Harris Sliwoski, an international law firm with offices in Seattle, Portland, Los Angeles, Phoenix New York, Barcelona, Madrid and Beijing.
My law firm’s basic mantra about getting money out of China is that if you consistently follow China’s laws, it ought to be no problem. This though has not been true lately. In the last week or so, our China lawyers have probably received more “money problem” calls than in the entire year before that.
Many years ago, Dan Harris of my law firm wrote a Forbes Magazine article (China’s Hourly Work Week: Think Locally) on how China’s employment laws had become so localized. Dan started that article with the following explanation: I have avoided writing on China employment law because it is so complicated and so localized. My fear
The title of this post comes from a terrific NPR Marketplace article of the same name. If you are doing anything related to manufacturing in China, this is the one article you should read this year. The article is based on a question Chinese Premier Li Keqiang asked in Beijing earlier this month. Li went
Hiring interns in China (like pretty much everything involving China employment laws) is complicated and local. And when I am tasked with figuring out how one of our clients may legally do that, I almost always have to review applicable national, provincial and local laws and regulations and engage in followup conversations with the relevant
When making a WFOE (Wholly Foreign Owned Enterprise) or JV (Joint Venture) investment in China, an investor must consider who or what will be the shareholder(s) in the PRC entity. Will the investor invest directly, or will they create a special purpose subsidiary company (an SPV or Special Purpose Vehicle/a/k/a SPE or Special Purpose Entity)
