China Law Blog
Three Rules for China Contracts
Follow these three rules for an effective China contract.
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China Law Blog
Meng Wenzhou, the Two Michaels and China Hostage Taking: What YOU Need to Know
About a year ago, I spoke at a Berkeley Law School class regarding hostage taking in China. I presume I was brought on to speak about this because I helped Professor Chris Carr write an academic article on hostage taking in China, Commercial Hostages: Local vs. Foreigner Business Disputes in China. At my Berkeley talk,
China Law Blog
China Trademarks: Counterfeit Goods and Parallel Imports
Our international IP lawyers do a lot of work for clients seeking to remove listings of counterfeit goods from Chinese e-commerce sites. Most of these listings are for obviously, sometimes extravagantly counterfeit merchandise, offered in vast quantities at far-below retail prices, with pictures either lifted from the real manufacturer’s website or showing products of dubious quality,
China Law Blog
How Do I Decide Which Type of Foreign Entity to Use When Taking My Company Overseas?
In two recent posts, How To Succeed When Taking Your Company Overseas and Do I Always Need to Form a Company in a Foreign Country?, I discussed some common issues companies need to wrestle with when deciding whether and how to take their company overseas. Among those are the pitfalls of having a foreign entity
China Law Blog
How To Succeed When Taking Your Company Overseas
We international lawyers often get calls and emails from companies looking to set up a subsidiary or other company overseas. This is one of the most exciting but also daunting prospects for a company more accustomed to domestic laws, regulations, financiers, and business partners. In this post, we will briefly look at the key things
China Law Blog
China Trademark Basics
Recently, someone asked me to give them my “elevator pitch” regarding China trademarks. Well, here it is. 1. By far the most important thing to know about the subject is that China is a “first to file” country. This means that (with very few exceptions) whoever first files for a particular trademark in a particular
China Law Blog
The U.S. Government Hates Companies That Do Business with China: Get Used to It
Got an email from an American client this morning asking me whether I was aware of how American companies that do “significant” business with China cannot receive Paycheck Protection Program (PPP2) loans. I replied that I was not, because my focus is not on domestic U.S. law or business. But then I started thinking more
China Law Blog
So You Want to Take Your Business Global?
We were prompted to write this post by talk that Mexico should consider joining the RCEP (Regional Comprehensive Economic Partnership). But how many Mexican companies can really take advantage of the opportunities these sorts of trade agreements bring? How many Mexican companies are in a position to penetrate other markets? There’s nothing wrong with internationalism, but as
China Law Blog
What Is This RCEP You Talk About?
China and 14 other Asia-Pacific nations recently signed the world’s largest free trade deal, the Regional Comprehensive Economic Partnership (RCEP). As discussed in Asia-Pacific RCEPonds to Trump’s Snub, the RCEP’s launch raises uncomfortable questions for Washington, though it is actually quite modest in terms of member commitments. That said, RCEP will usher in changes, and
China Law Blog
When the Feds Don’t Like the Ambiance: Customs Fraud Can Get Importers in a World of Trouble
On August 26, the U.S. Department of Justice (DOJ) announced plea agreements with Ambiance Apparel (“Ambiance”) and its owner Sang Bum “Ed” Noh. The charges against Ambiance and Noh include a duty evasion scheme, which worked like this: Ambiance imported clothing from Asian countries and submitted fraudulent invoices to U.S. Customs and Border Protection (CBP)