China trademark law

China Descriptive Trademarks

The purpose of a trademark, from both a legal and branding perspective, is to identify the source of goods. It follows, therefore, that the best trademarks are both memorable and distinctive. You want people to associate your brand with your company, not confuse your brand with other brands. You also want to make sure your

china law blog

How China Drove Out Mister Softee: This is China

China Law Professor Donald Clarke sent me a great article this week from New York Magazine, entitled, How China Drove Out Mister Softee. Professor Clarke’s email with the link said the following: Thought you might like this. Interestingly, it is NOT a story of “guy skirts rules, naively trusts Chinese partner, gets screwed.” It’s “guy does

dispute resolution lawyers

The Come to China to Sign the Contract Scam

Though we’ve written about this many times previously, I’m writing about it again today because my law firm’s China lawyers have been seeing a lot more of this lately, especially as against European companies. We have been getting a number of emails lately from companies asking us if what their Chinese counter-parties are asking them

China employment lawyer

China Employee Warning Signs

My law firm’s China employment lawyers have done a ton of employer audits this year and from those we compiled the following list of the most common “warning signs” of impending employment problems. 1. All or some of your employment documents are in English only If your employment documents are in English, you are giving

China employer audit

Vietnam v. China for Product Sourcing

Nearly four years ago — during a time when my law firm’s international manufacturing lawyers were seeing a big increase in Vietnam work from companies diversifying manufacturing from China — I wrote a series of blog posts on sourcing product from Vietnam. Since that time, our Vietnam practice has steadily grown, until about five months

China SaaS

SaaS in China: The 101

Countless foreign software companies wish to deliver their software as a service (SaaS) to China. But since China requires commercial ICP licenses for commercial Internet services within China and generally forbids foreign enterprises from obtaining such licenses, directly providing SaaS through a server in China is typically not possible for foreign software companies. So how can a foreign

China licensing lawyers

Selling, Licensing and Distributing Products and Services into China

I have been writing too much about foreign companies looking to leave China and not enough about foreign companies looking to get into China. For the last few months, the work lives of the international lawyers at my law firm have been tilted towards those looking to leave China, rather than to get into China,

Shutting down a China WFOE

China, the United States and the New Normal

I got an angry email yesterday in response to my having predicted a decline in manufacturing orders from China. The email accused me of “hating China” and wanting “to impede its peaceful” rise and of being “jealous of its progress.” All this because we have lately been writing how many of our law firm’s clients

China licensing lawyers

China Licensing Deals so Horrible They are Hard to Believe

In the past few months, our China lawyers have been seeing something new and troubling with China licensing agreements. Before I explain, let me step back and give a bit of history. This post is important so please stay with me. In a typical China licensing deal the foreign licensor grants the Chinese licensee the

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