If you’re doing business in China, you might be tempted to ask your lawyer to step in and help you negotiate with your Chinese counterpart. However, this could be a big mistake that could jeopardize your deal and your relationship. In this post, I explain how lawyers play a different role in China than in
How to Protect Your IP with International NNN Agreements If you are a US company that wants to do business with a foreign company, you may need to share some of your intellectual property (IP) with them. This could include your trade secrets, designs, prototypes, formulas, or other confidential information. However, sharing your IP can
About a decade ago, I gave a speech on software outsourcing at a major software event. Last week, I found my outline for that speech and this post is based on that outline, revised and updated. It is largely based on my experiences and what I have learned from talking with clients and other businesses
1. Essential Practices when Providing Services to Chinese Companies Securing payment should be your prime concern when providing services to Chinese clients. To mitigate potential issues, our China transactional lawyers incorporate certain clauses in their service contracts they draft for our clients, including provisions mandating the following: 1. Upfront Payment: A substantial initial payment should
Chinese nationals face serious restrictions on their ability to buy land in Florida, with the entry into force of SB 264 on July 1 of this year. This new law curbs real estate acquisitions by citizens of seven “countries of concern” (China, Cuba, Iran, North Korea, Russia, Syria, and “the Venezuelan regime of Nicolás Maduro”),
I recently returned from a World Trade Center Utah delegation to Singapore, where I attended a briefing with Singapore’s first ambassador, Tommy Koh. Koh is a legendary diplomat and international law professor who humbly describes himself as a “founding servant” of Singapore. His list of accolades and professional accomplishments is significant, as well as his
CHINA TRADEMARKS Securing Trademarks in China China’s massive consumer market represents a tremendous opportunity for companies to build their brands. However, substantial risks of trademark squatting, counterfeits and other infringements make registering and protecting your trademarks in China absolutely essential. This in-depth guide provides practical insights on the benefits, process, tips and potential pitfalls of
I personally have dealt with more than two dozen exit ban matters in China. Around half of these were clear, in that the person banned from leaving China was told very explicitly not to leave, and in each case they knew why. The others were quite unclear, and involved people in China who feared they
AI regulation in China has taken an important step with the release of the Interim Measures for the Management of Generative AI Services (生成式人工智能服务管理暂行办法). Together with the Cyberspace Administration of China, the Measures were issued on July 10, 2023, by the National Development and Reform Commission, Ministry of Education, Ministry of Science and Technology, Ministry
1. The Changing Nature of Securing Trademarks in China Once upon a time, securing English-language trademarks in China was relatively straightforward. Our China trademark lawyers would determine the appropriate trademark category or categories under China’s trademark system, select the right class (or classes) and subclass (or subclasses), and secure approval from the China Trademark Office
