china law blog

China Contract Drafting Scams: From Bad to Much Worse

Fake, Woeful, and “Captured” China Lawyers From non-existent “lawyers” to legitimate ones with limitations on confidentiality, navigating China’s legal landscape has become increasingly risky. Rising tensions between China and the West have fueled a surge in fake lawyer scams, with unsuspecting SMEs often drawn in by unrealistically low fees. But this bargain-basement approach often backfires

International PPE lawyers

Don’t Make These Mistakes When Buying Personal Protective Equipment (PPE): Brokers

In my last post regarding PPE, I discussed the normalization of the Chinese N95 mask market, the increasing insanity of the Malaysian nitrile glove market, and other market forces at work, including limitations based on shipping container shortages and financing troubles. In this post I will provide some additional insights our international PPE lawyers have

China's Dual Circulation Economic Policy

China’s Dual Circulation Policy and the U.S. Response

As the PRC plans for the next decade of Xi Jinping rule, economic planning is at the forefront. Xi Jinping’s core policy for that decade is his new concept of dual circulation 双循环. The concept is that for economic development China must rely both on domestic economic development and on China’s participation in the international

Self enforcingInternationalContracts

Drafting Contracts for Countries with Unreliable Legal Systems

Are Your International Contracts Built to Fail? With the diversification of supply chains, businesses more often must navigate countries with unpredictable legal systems. This post explains how to create strong contracts for countries with weak contract enforcement. Three Common International Contract Mistakes Over-reliance on Arbitration: Arbitration in a neutral country often does not provide the

Product Development Agreements

Product Development Agreements Don’t Get No Respect

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

International product development Agreements

Product Development Agreements: The Extreme Basics

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.

china law blog

Forced Labor in China: More Import Bans, But Does It Matter?

On January 3, U.S. Customs and Border Protection (CBP) announced a ban on cotton products and tomato products produced in Xinjiang, based on information “that reasonably indicates the use of detainee or prison labor and situations of forced labor.” This does not come as a surprise: We warned about such a ban on cotton in

manufacturing overseas

How to Avoid Problems when Manufacturing Overseas

1. Sorry, But Overseas Factory Problems are Likely YOUR Fault  The genesis for this post is an excellent post written by Renaud Anjoran and a series of Linkedin comments on that post. The post is on Renaud’s Quality Inspection Blog and it’s called 28 Common Problems Chinese Suppliers Cause Importers.  Renaud is the long-term owner of

China Design Patents

Who Owns Your Product Design?

When foreign buyers purchase products from Chinese factories the big issue is usually who owns the design of the product. This issue is often discussed in a theoretical way, based on intellectual property law principles, without getting to the real point. You are having a product made at Chinese Factory A. You decide the price

china law blog

It’s Perfectly Legal for Your Chinese Manufacturer to Copy Your Products

1. Chinese Manufacturers Will Copy and Sell Your Products; It’s What They Do Literally every single day this past week, the international IP lawyers at my law firm received at least one email from an American/European/Australasian company on how their Chinese manufacturer was selling their products at wholesale and/or at retail to others. These emails

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