Back in 2020 I wrote a series of three blog posts titled “China Cybersecurity: No Place to Hide”. And two years before that, we started writing about China’s Personal Information Security Specification. On July 7, 2022, the Cyberspace Administration of China (CAC) issued the Measures for the Security Assessment of Outbound Data Transfers (Security Assessment
CEOs and senior managers have been struggling to make good decisions about supply chain and factory sites, and a lot of their research is pointing to Mexico as a likely candidate. The problem facing decision-makers is that the China-Mexico comparison is not apples to apples (DO NOT make avocado-lychee reference). Even though the same output is leaving the factory gate in each economy, your challenges in setting up and managing operations in China and Mexico could not be more different.
If you purchase products from China (or most anywhere else oversees), do NOT use FOB as a shipping term.
About six months ago, in Deliberately Bringing China Down, Factory by Factory, I wrote about a couple of Americans who were buying product on credit from Chinese factories, with no intention of ever making the required second payment: The “this” to which I am referring is an underground (I say underground because I have never
To avoid issues, brands registering their trademarks in China should consider whether their marks may in any way be considered deceptive.
Expect U.S. customs to get even tougher on imports in the next year.
Who Should Sign Your China OEM Agreement? Not Some Hong Kong Company if You Can Help It
Back in the day, China strictly adhered to the first-to-file principle when it came to trademarks, meaning that whoever won the race to the registrar got the trademark, without regard to prior use of same. In the intervening years, however, China has moved in a more equitable direction, particularly in instances where the first filer is acting in bad faith.
We have put the kibosh on many China-related deals, and that is what this post is about, especially in this environment with financially distressed companies popping up all around thanks to the trade war and Covid. For ease of explanation and to camouflage the identities of those involved, I have amalgamated a bunch of them into one. This scenario is incredibly typical, including the retirement of the owner precipitating the need for the deal.
Vietnam's amended IP law will take effect on New Year's Day 2023. Similar amendments to China's Trademark Law would be greatly welcomed.
