Understanding Apostilles Apostilles are certificates issued by governments in accordance with the 1961 Apostille Convention, which confirm the authenticity of documents. A document apostilled by Party A is considered authenticated by Party B, without a need to legalize or authenticate the document at a Party B’s embassy or consulate. The Apostille Convention enters into force
China’s Evolving Manufacturing Landscape Rising geopolitical uncertainties around China have transformed the landscape of Chinese manufacturing and IP asset protection. This post examines the escalating challenges faced by Western enterprises, and provides steps companies should take to safeguard their products and intellectual property from increasingly desperate Chinese factories. It focuses on essential, yet frequently undervalued, mold
Offshore companies are widely used by businesses and individuals for a variety of purposes. So pervasive is their use in China that even smalltime accountants in Hong Kong offer incorporation services in jurisdictions like the British Virgin Islands (BVI). While there is nothing inherently wrong with the use of offshore entities, you should be wary
Protecting Your Brand Name as Manufacturing Leaves China The recent decade-low in China’s manufacturing exports has pushed many Chinese factories into survival mode, leading to an escalation in trademark theft incidents as they seek new revenue channels. The ongoing trade skirmishes between China and economic powerhouses like the United States and the European Union have
The Importance of Accurate Contract Translations Your contract with your Chinese co-party is your key to a successful China venture and your lifeboat should the business relationship go awry. That being the case, I am always amazed how often people essentially ignore the translation of their contract. Inaccurate contract translations can both generate more disputes
A China Legal Checklist for Foreign Businesses This post examines ten key legal areas that often present hurdles for foreign companies in China. Most importantly, it provides basic and concrete recommendations on how to deal with China’s legal landscape and avoid costly missteps. Mastering compliance across the following ten critical domains is essential for foreign
Harris Sliwoski attorney Frederic Rocafort was a recent guests on the 6 Days in Suez podcast, to discuss forced labor compliance, a topic of growing importance to importers in the United States and beyond. Fred shared his experiences advising clients on how to navigate the increasingly challenging waters that surround forced labor enforcement in the United
Plus ça change, plus c’est la même chose, meaning “the more that changes, the more it’s the same thing,” is a phrase coined by Jean-Baptiste Alphonse Karr, a French novelist and editor, often shortened to plus ça change. When it comes to doing business in China, it sure seems to be that way, with businesses tripping
China Dispute Resolution Clauses The dispute resolution clause in your international contract can dictate the ease, cost, and effectiveness of resolving disagreements. This post addresses a specific case where my law firm’s China lawyers were tasked with reviewing a China supplier contract for a client, and in doing so, shed light on dispute resolution clauses.
Beware the China Mutual NDA 1. A China Mutual NDA Will Not Help YOU Should I Sign a Mutual NDA With a China factory? Our international manufacturing lawyers get this question once a week, which is up from maybe once a year only a few years ago. Our usual answer is no, because these agreements
