china law blog

The Canton Fair: Find Out What’s Happening with Your IP

Old pirates, yes, they rob I Sold I to the merchant ships — Bob Marley’s Redemption Song 1. The Canton Fair The 125th Canton Fair will kick off on April 15th. For those unfamiliar with this event (formally known as the China Import and Export Fair), it is China’s largest trade show, held biannually in

china skyline

China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was

1. China’s New Foreign Investment Law Under U.S. pressure, China recently adopted a new Foreign Investment Law 中华人民共和国外商投资法 (“FIL”) that had been under discussion for several years. Many believe this law will lead to foreign invested enterprises being treated the same as domestic Chinese private businesses. Unfortunately (and not surprisingly), the existing system that limits

国际制造业律师

在中国设立自己的工厂:基础指南

尽管存在贸易紧张局势、中国经济下滑以及整体不确定性,我们中国的律师团队仍持续接到企业咨询,这些企业希望在中国设立自有工厂。其中多数是为跨国制造商提供零部件的企业——这些跨国制造商在中国生产产品,并正面临来自跨国公司的压力,要求其建立本土生产基地。

international lawyers

International NNN Agreements

1. What is an NNN Agreement? A Non-disclosure, Non-use and Non-circumvention Agreement (NNN) is an agreement used to protect confidential information, and to prevent a company or person from using your information to compete against you or go around you to your own customers. These contracts are commonly used before revealing anything important to anyone

International company formation lawyers

Should a Special Purpose Vehicle Own Your China Subsidiary?

1. Who Should Own Your China Subsidiary? One of the first tasks in forming a subsidiary company in China (often referred to as a WFOE or Wholly Foreign Owned Entity) is to determine what entity will be the shareholder of the subsidiary company. It is possible for an individual or individuals to own a China

China law -- get a china lawyer. Same with Mexico

Kickstarter and China Manufacturing: You’ve Got it Wrong

An article titled, Kickstarter Prototype to Production: $100K is not Enough, is getting a lot of play on Linkedin among the China manufacturing crowd, with those I know who know China manufacturing agreeing with it. The article provides compelling reasons why getting an electronics product manufactured in China will nearly always require more than $100,000.

Five Keys to a International Trade Secret Protection

Drafting China Contracts That Work

China Enforces Good Contracts Contrary to popular belief, China’s legal system offers robust mechanisms for contract enforcement, outperforming not only common perceptions, but also the judicial systems of the United States, Canada, and the United Kingdom in efficiency. At least this is what the World Bank said in its last (2020) report ranking countries on

International Contract Lawyer

International Contracts and Why What “Can’t Hurt” Usually Does Hurt

1. Typical Boilerplate Provisions The Western world — particularly the Anglo-Saxon/common law world — is used to ultra-long contracts for everything. A contract to buy $6,000 worth of rubber duckies will include all sorts of boilerplate provisions, such as one making clear that buying rubber duckies does not make the buyer and seller parties a

China IP theft

The Huawei Indictments are the New Normal

1. The Huawei Indictments On January 28, the U.S. Department of Justice unsealed two indictments against Huawei. The first indictment concerns ongoing claims against Huawei and its CFO, Meng Wanzhou, for allegedly violating U.S. sanctions against Iran. The second and more interesting indictment concerns alleged trade secret thefts by Huawei’s U.S. subsidiary under the direction

China CFIUS

CFIUS Shuts Down Chinese Investment in U.S. Technology

1. Chinese Investment in U.S. Businesses is Down 95% Mergermarket, just published its global M&A report for 2018, revealing that investments from China in U.S. businesses fell by 95% as compared to 2016. A summary of the data in the Report shows the following: 1. Worldwide M&A activity was strong in 2018. “The transactions that

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