Introduction I am an international transactions lawyer. I frequently handle the initial stages of transactions and often find myself negotiating with parties who do not have legal representation. In these scenarios, I am trying to put together the easiest and most streamlined contract that the counterparty will be comfortable with. This work requires a deep
On July 10, 2024, a new antidumping (AD) and countervailing duty (CVD) petition was filed against imports of Tungsten Shot from China. Tungsten shot is used to produce shotgun shot. The petition was by Tungsten Parts Wyoming, Inc. Unlike most AD/CVD petition, this petitioner admits that they only began production last year in 2023, and
Registering U.S. State Name Trademarks in China Many brands, from craft breweries to universities, incorporate their U.S. state names into their trademarks. This not only reflects their origins but also evokes a sense of heritage and trust. However, for brands looking to enter the vast Chinese market, a significant hurdle awaits. Registering trademarks that include
China’s Revised Company Law Yet More Challenges for Foreign Investors China’s revised Company Law, implemented on July 1, 2024, marks a significant shift towards a more regulated and transparent corporate environment for all Chinese registered companies — foreign and domestic. Though Chinese domestic companies must adjust, the impact — not surprisingly — will be particularly
Joint ventures with China factories are seldom a good idea.The better way to handle these relationships is usually with a China-centric distribution agreement that sets forth sales goals and allows you to walk away if your Chinese factory does not meet those goals. It usually makes sense to have a trademark licensing agreement with your distributor as well.
How to Deal with IP Infringement Our international intellectual property lawyers are often called upon to help companies whose IP has been compromised or infringed upon. We have formulated the following basic checklist for handling these IP problems, be they international or domestic. 1. Identify the client’s IP problem This step is sometimes straightforward, but
On June 20, 2024, two new antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of: (1) Certain Brake Drums from China and Türkiye; and (2) Certain Low Speed Personal Transportation Vehicles from China. These AD/CVD investigations will be conducted by two federal agencies: the International Trade Commission (“ITC”) will investigate whether the
The Deteriorating US-China Relationship The US-China relationship has been deteriorating for years, but it continues to worsen with no end in sight. Doing business with Chinese companies is going to become increasingly difficult. Below we outline some of our concerns and some of the steps our international lawyers have seen businesses take to prepare themselves
Doing Business In China A First Person China Business Story Eons ago, a veteran China hand responded to one of our blog posts by writing me with his own story of China problems. I found his story both typical and fascinating and sought his permission to run it. He gave me permission to run it
China Trademarks Matter We are on record (and then some) about the importance of registering your trademark in China. In spite of our efforts — or perhaps because of them — nearly every week someone contacts us after discovering someone else has registered “their” trademarks in China. Most people lump all such third-party registrants together
