Pull out and look at your contract with your Chinese counter-party. Does it have a force majeure clause? If it does not, put it away and count yourself lucky. If it has a force majeure clause, pour gasoline or lighter fluid or nail polish all over it and light it. JUST KIDDING. Well only sort
You Need an NNN Agreement for China IP Protection Relying on a standard Western-style NDA to protect your IP from China sets you up for IP theft because NDAs have critical limitations that render them ineffective for China. You need an NNN agreement tailored specifically for China. This post explains what an NNN agreement is,
Three months ago, in Hong Kong for International Business, Stick a Fork in It, we predicted the slow demise of Hong Kong as an international business center. Many wrote us to say they agreed. Many wrote us to say they vehemently disagreed. Those who disagreed argued that we had underestimated the grit and the resilience
In a recent LinkedIn conversation someone raised the possibility of the “Made in GBA (Greater Bay Area)” label replacing “Made in Hong Kong” and “Made in China” as a country of origin marking in South China. It’s an intriguing idea that would certainly reflect the spirit of the GBA project. Could “Made in GBA” actually be a
Contents of this Article: The Situation: Foreigners at Risk in China The Inconsistency of Chinese Law and Punishment Important Points of Chinese Criminal Law The Risks of Working and Living in China The Increasing Risk of Doing Business in China Stay Within Chinese Law How Can You Protect Yourself and Your Company A NOT New
Since the very beginning of US-China trade negotiations we have been unequivocally negative on the likelihood of a deal and we have just kept saying that foreign companies (especially those that sell their products to the United States) need to work on reducing their China footprint. Today’s micro-deal between the United States and China has
Ron Hesse of GlobalAutoIndustry.com recently interviewed Fred Rocafort — one of our firm’s China lawyers — on “Important Tips for Protecting Your IP from China.” Per GlobalAutoIndustry.com, the 14 minute interview focused on the following: • With regards to IP, what are the most serious IP-related risks faced by U.S. and other foreign companies when
Our China data privacy lawyers have been getting a steady stream of questions regarding our recent post, China’s New Cybersecurity Program: NO Place to Hide, regarding the Chinese government’s rolling out a new system for monitoring company data. These questions are coming from our readers, our clients and the media. Most are seeking answers to the following
The Chinese government has been working for several years on a comprehensive Internet security/surveillance program. This program is based on the Cybersecurity Law adopted on 2016. The plan is vast and includes a number of subsidiary laws and regulations. On December 1, 2018, the Chinese Ministry of Public Security announced it will finally roll-out the
Got an email the other day from a good-sized company the other day asking about the benefit of having manufacturing contracts with companies in countries like Thailand, Taiwan, Indonesia, and Malaysia. The email went something like this (I say “something” because I’ve changed it so nobody will ever be able to identify it): I am
