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China’s New Online Publishing Rules

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

China Counterfeit Lawyers

Copyright Takedowns in China

Copyright takedowns in China and copyright notices. What you can and should do now to be able to use a copyright takedown to protect your copyrights in China.

Fake China Law Firms

Fake China Law Firms are the Real Deal

Since 2006, we have been writing about fake China law firms. See China Where Even The “Law Firms” Are Fake. In that post we talked about fake Chinese lawyers taking money from American companies for trademark registrations: There are those who take money to file trademarks in China and then simply run away. A new client

How to navigate the maze of doing internet business in China.

Selling Software as a Service (SaaS) in China: The Foreign Server Option

As we pointed out in SaaS in China: Build a compliant Go-to-Market Plan by Looking Beyond the Regulations and again in Foreign SaaS in China: Get Off of My Cloud, the PRC does not permit foreign entities to make direct sales of SaaS products from servers located within China. For foreign software companies, this is a major

China Cloud Computing Laws

Foreign SaaS in China: Get Off of My Cloud

As businesses are rapidly moving to the cloud, the Chinese government seems to be taking its lead from the Rolling Stones: Hey! You! Get off of my cloud. China wants to run its own private cloud, and foreigners need not apply. The primary issue for Internet businesses in China is that all commercial Internet businesses

Chinese internet gambling

China Online Gambling: Illegal But Everywhere

Media reports state that online gambling in China soared during the recent World Cup. The punters put their money into online gambling on the World Cup, with revenue at China’s government run lottery site increasing by over 80% during this period. The general ban on gambling in China is subject to one exception. The Chinese

Selling software to China

Selling Your Software to China: Check Legality FIRST

A technology company contacted one of our China lawyers months after having started selling its software into China. This company came to us seeking help in deciding whether to continue selling its software from the United States or to form a China WFOE and start selling through that entity. The first thing we told this

China VIE

China VIEs: Avoid, Avoid, Avoid

VIE stands for variable interest entity and they are entities used to allow a company in China to technically be a Chinese domestic company, but be de facto controlled by a foreign-owned entity or entities. VIE structures are usually used to allow foreign companies to get involved in various sectors of China’s economy forbidden to

China criminal law

How to Violate Chinese Law and Get Away With It: Don’t Go There.

In Cashing in on Internet Censorship, CNN News writes how VPN companies is booming, thanks largely to China. The article discusses how “foreign companies are profiting from software that allows circumvention of government internet controls.” The article quotes one of my law firm’s international attorneys  on how businesses that offer firewall avoidance software in China are

China spies on foreign businesses

China: The Walls Have Ears

China is watching you. I am convinced about 99.99% of all emails go through. But for me, that means at least a few of the emails I send each week will not reach their destination. If I do not hear back from someone quickly, I assume they did not get my email and I send