The Limited Value of Chinese Factory Indemnification Navigating the differences between Western and Chinese legal systems is seldom an easy endeavor, but this is especially true for indemnification clauses. Though these clauses are robust and effective tools in Western countries with mature legal frameworks, their efficacy in China-based manufacturing agreements is considerably murkier. This post
When Beijing-born Chloé Zhao won the Academy Award for Best Director (and Best Picture) last week for Nomadland, the mainland Chinese media were under instructions to remain silent, and Chinese Communist Party (CCP) censors had turned on their Chloé Zhao filters, preventing mainland movie fans from celebrating the ascent of a native daughter to the
I wrote the below article many years ago with Gregory Buyoff, a good friend, a brilliant international IP lawyer, and the most knowledgeable person I’ve ever known on Vietnam history. Intellectual Property Magazine published this article, but it no longer shows up on its website so I am running it here (with a few updates),
As we have written many times over the years, if you are selling goods into China, sourcing goods from China, or just doing business in/with China, you should probably register trademarks in China for your brand names and logos. China is a first-to-file country and it does not require evidence of prior use. This means
This post highlights four common and somewhat egregious mistakes my law firm’s China lawyers often see lawyers make when representing their clients in doing business with or in China, along with a very brief analysis of what causes each sort of mistake. 1. Not Realizing that China’s Bureaucracy Puts Form Over Substance Many years ago, a U.S.
China is not an employment-at-will jurisdiction and terminating China employees is nearly always difficult. To make things even more challenging, many foreign companies doing business in China manage their China affairs from afar.
Online games in China must get approval from the National Press and Publication Administration (NPPA) to be published and sold in China. See China Online Game Approval Laws. The NPPA review and approval process involves requiring that the game have a built-in addiction prevention mechanism. In November 2019, the NPPA released a Notice on Preventing
A few weeks ago, a client asked our law firm to handle a relatively routine domestic matter for them. We told them we do not handle such matters and we gave them a short list of excellent attorneys that do. The client expressed surprise at our unwillingness to take on their matter and remarked on
If it seems we have been writing often about China NNN Agreements, you would be right. We are doing so because we have had a troubling increase in companies coming to us after having lost their IP to their Chinese counter-party (usually their Chinese manufacturer) because the NNN Agreements they used were worthless or even
We often write on how companies outsourcing their product manufacturing oversees typically need an NNN Agreement, an OEM Agreement, and their trademarks registered in the country in which they are doing their manufacturing. For most companies seeking to manufacture product in a foreign country, those three are enough. But for companies that do not have
