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)
A China-centric written contract is an effective tool for doing business in or with China. A first step in creating this effective tool is to carefully follow the rules for execution. Chinese courts are bureaucratic and formalistic. Make use of that tendency so you can prevail. Don’t blunt the edge of your instrument with sloppy
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.
I love to talk about what I call our “accidental exporter” clients. These are companies (mostly in the United States, but Europe too) who literally lucked out into becoming Asia exporters. And by “lucked out,” I mean they were quietly going about their business when contacted out of the blue by someone in Asia (usually
Our China employment lawyers constantly hear misinformation about China employment contracts and double wage claims. In this post, I will try to set the record straight. China’s employment laws require full-time employees be employed pursuant to a written employment contract. But what happens with employees without a written employment contract? As with pretty much everything
Renaud Anjoran over at the Quality Inspection Blog has written a post that anyone who has products made in a foreign country should read. The post is entitled, How to Protect against Copies when you Manufacture in China, and it makes for an excellent guide on how to prevent your manufacturer from copying your products.
Licensing your technology to a company in China Licensing your technology to another company is fraught with risks. Licensing your technology to a company in China has its own additional challenges. The first thing you should do before licensing your technology to a Chinese company is to make sure you may legally do so under
The China lawyers at my law firm are big fans in using China distributors to market and sell products in China. Our thinking on this goes as follows: 1. We have seen too many Western companies spend too much time and money trying to sell their products into China. 2. We have seen too many
Contracting in China: The Old and the New It used to be common for OEM manufacturing in China to be done on a purchase order basis, with no underlying contract. Much service work done by foreigners for Chinese clients was based on an exchange of emails. Today, however, to be able to bring a plausible
Michael Jordan just lost another China lawsuit in his ongoing effort to combat alleged trademark infringement in China. This lose highlights a point that must be familiar to even the most casual reader of this blog: Michael Jordan just lost another China lawsuit in his ongoing effort to combat alleged trademark infringement. This case, like
