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China Business Law Blog

Devoted to thinking, discussing, and writing about Chinese laws and regulations including franchise regulations, investment, trade, IP protection and international dispute resolution.
By Brad Luo

Post Frequency: 0.5/day

Last Entry: March 20, 2009 at 20:52:00

Seven Steps to Protect Your Trademark in China

Posted on March 20, 2009
Out-law.com ran an article written by Alison Ross, which discusses "How to Protect Your Brand in China." I thought the author did a very good and thorough job in advising mark owners on how they should go about protecting their marks in a comprehensive and proative way in China...

MOFCOM's Rejection of the Coke-Huiyuan Merger Disappoints Legal Experts

Posted on March 20, 2009
China, by and through MOFCOM, rejected Coca-Cola's bid to acquire the Chinese juice maker Huiyuan. As soon as the news came out, it caught international attention and has been widely reported. Many views float out there about why and how come. The Caijing Magzine in China came out with its own analysis of the legal implication of this decision...

Extraordinary Time is No Excuse for Extra Judicial Partiality

Posted on March 12, 2009
Two camps of lawmakers are debating what role Chinese courts should play in China during this extraordinarily trying time.One camp believe that the courts should remain neutral, irrespective of how the financial and economic crisis is impacting businesses, and that the courts should be the instruments of justice in China's market economy...

The Case for Individual Bankruptcy in China (2)

Posted on March 11, 2009
Right after the earthquakes in 2008, I wrote a post advocating for China to establish a individual bankrupty system. In that post, I gave cultural, economic and legal reasons in favor of such a system, in addition to China's fairly new Enterprise Bankruptcy Law...

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International Trade, WTO and China Human Rights

Posted on March 02, 2009

China Enacts Sweeping, Tough Food Safety Law

Posted on February 28, 2009

Measures for the Registration and Administration of Import and Export Technology Contracts

Posted on February 23, 2009
On February 1, 2009, the Minister for China's Ministry of Commerce signed into law the Measures for the Registration and Aministration of Import and Export Technology Contracts. (in Chinese) ("Technology Contract Measures") This is a ministry level administrative regulation, and it will become effective on March 2, 2009...

"Inside the Meltdown"

Posted on February 20, 2009
Frontline (PBS) recently produced an in-depth documentary on the financial meltdown. It is an attempt at figuring out the root causes of the problems that led to the current economic crisis affecting the entire globe. It is well worth your time to watch it.

China International Law Symposium at UT (Austin)

Posted on February 20, 2009
The University of Texas International Law Journal will be hosting a China law related symposium on February 26, and 27, 2009. Here is how it is described:

Zhejiang Courts Making a Mark on China's IP Law (Republish)

Posted on February 18, 2009
Over the years, folks familiar with China?s IP laws know in general that courts in Beijing, Shanghai, and Guangdong are pretty good. These courts are good for many reasons: the judges are well trained and versed in intellectual property laws; the judges make reasonable decisions; the courts are not terribly biased toward foreign parties...

Basics about Setting Up Business in China (Republish)

Posted on February 18, 2009
A few days ago, I ran into this article intended for Australians who want to set up business in China. It discusses eight (8) basic elements that each businessperson needs to know before charging into China. I thought it was pretty good, and would like to share below...

Enforcements of Judgments in China: Pretty Good in Urban Areas (Republish)

Posted on February 18, 2009
Contrary to the popular view that enforcement of judgments is poor in China, Professor Randall Peerenboom stated in his recent article that: While enforcement is often portrayed as difficult in China, recent studies have found significant improvements in urban areas, where more than half of creditor-plaintiffs receive 100 per cent of the amount owed, and three quarters are able to receive partial

Yellow Cranes, Will You Return? (Republish)

Posted on February 18, 2009
The Yellow Crane TowerForefathers departed on yellow cranes,leaving this spectacular tower empty.Yellow cranes will not return,leaving the white clouds for millennia without companion.?by Cui Hao (704-754 A.D.), Tang DynastyThis poem has remained one of my favorites, throughout my education in China...

Minimum Wages; Big Differences (Republish)

Posted on February 18, 2009
On my blog, I see a lot of searches for minimum wage standards in China, and I have been waiting for a compiled chart, detailing the wage standards. Given the size of China and the huge variance of economic development, minimum wage standards vary considerably...

Amount in Controversy and Jurisdiction Redefined by the SPC (Republish)

Posted on February 18, 2009
On March 31, 2008, the Supreme People promulgated a new set of judicial rules, redefining first-instance jurisdiction of higher and intermediate people?s courts in civil matters across the country.In these extremely detailed rules, the SPC lays out the required amount in controversy in order for higher or intermediate people?s courts to exercise first-instance jurisdiction over civil cases...

Summary Judgment/Procedure in China (Republish)

Posted on February 18, 2009
Having been working on summary judgment motions at work for three consecutive weeks, I kept thinking whetherChina has something similar to summary judgment in its civil trials. With limited knowledge on Chinese procedural laws, I disclaim that what I write here is really subject to future corrections from readers...

Sichuan Earthquake (Republish)

Posted on February 18, 2009
Closely following the news in and outside China on the Sichuan earthquake, I elected to avoid blogging about it as I thought any writing from me will be, largely, irrelevant to the suffering of the victims and China in general. In addition, other China law bloggers, such as the CLB and China Esquire, have provided information on how to donate for the disaster relief in China...

China Business Law Blog Moved

Posted on March 24, 2008
China Business Law Blog ?????? has been relocated to http://chinabusinesslawblog.com. Click here for posts at the new site.

Vulnerability of Chinese Lawyers

Posted on March 10, 2008
The sudden disappearance and resurfacing of Beijing Lawyer Teng Biao captured lots of attention and generated much reporting in the media. If you haven't listened to this (the fourth one on the list) radio program, discussing Teng Biao's experience with the Beijing Police and the challenges that Weiquan lawyers face, I strongly recommend it...

China Business Law Blog, Moving Away from Blogspot...

Posted on March 09, 2008
I have been test-driving a clone of China Business Law Blog for one week at http://www.chinabusinesslawblog.com/ via wordpress, and it's been working out ok. So, I want to let readers know that I will gradually move to the new site. During the transition, I will post at both sites concurrently...

Legal Ethics, in Chinese Style

Posted on March 09, 2008
Risking shameless self-promotion, I post the highlights of my article Chinese Law on Lawyers Amended: Progress Made and to be Made, published by the China Law & Practice in February 2008. (Somehow, the endnotes seem to be messed up in copy-and-paste process...

Enforcement of Judgments in China: Pretty Good in Urban Areas

Posted on March 09, 2008
Contrary to the popular view that enforcement of judgments is poor in China, Professor Randall Peerenboom stated in his recent article that: While enforcement is often portrayed as difficult in China, recent studies have found significant improvements in urban areas, where more than half of creditor-plaintiffs receive 100 per cent of the amount owed, and three quarters are able to receive

Common Questions about China-related Law Practice

Posted on March 09, 2008
I just received an e-mail with a list of most-frequently-asked questions posed by students and young lawyers about China-related law practice. As a law student, with a strong interest in a China-related law practice, I thought it relevant to post, and hope that readers would provide some good responses...

Importers of Poisonous Chinese Toothpaste Indicted

Posted on March 08, 2008
Four exectives of of two Californian import companies have been indicted by the city of Los Angeles, reported by the NY Times. The Los Angeles city attorney, Rocky Delgadillo, working with the Food and Drug Administration, filed a criminal complaint against two Los Angeles-based importers, Vernon Sales Inc...

Debunking the Myths about Doing Business in China

Posted on March 06, 2008
Debunking the Myths about Doing Business in China Business Week came out with an article titled, China: Debunking the Myths. The authors, Charles Bien and Brian Renwick, lay out eight common myths, and shed light on them. Very interest stuff. MYTH ONE: "Western companies should view the rapid development of the Chinese economy as a competitive threat to which they are vulnerable...