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International Law

China Law Blog

Focuses on business law in China.
By Dan Harris and Steve Dickinson

Post Frequency: 5.3/day

Last Entry: November 04, 2020 at 13:55:07

How to Fight Back Against China Trademark Squatters

Posted on October 05, 2020
We are on record (and then some) about the importance of registering your trademark in China. In spite of our efforts — or perhaps because of them — nearly every week someone contacts us after discovering someone else has registered ?their? trademarks in China...

Xinjiang. Ten-Foot Pole.

Posted on October 04, 2020
There is plenty that could be written about the plight of Uyghurs and other ethnic groups in Xinjiang, most of it negative. And with Xi Jinping declaring his Xinjiang policies “completely correct,” there is pretty much no room for hope things will improve (unless you view the complete sinification of Xinjiang as a desirable end...

China Trademarks: The More You File. . . .

Posted on October 03, 2020
Our trademark clients often ask how many trademarks they ought to register in China. The answer is not as straightforward as it may seem. As an initial matter, companies should register the brands they are actually using (or plan to soon use) and on the goods or services actually in use in China...

SaaS in China: Resistance is Futile

Posted on October 02, 2020
Software as a Service (SaaS) works great when confined to the Internet of a single country or region such as North America or the European Union. The core concept of SaaS is that an open Internet exists on which SaaS can be built and delivered. But what happens when companies attempt to deliver SaaS into...

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Global Law and Business Podcast ? Adam Bigelow (Japan)

Posted on October 02, 2020
Listen HERE or stream on�Spotify,�Apple Podcasts,�Google Play,�Stitcher, or�Soundcloud! The large-scale shift to telework brought on by the COVID-19 pandemic is prompting businesses around the world to explore new avenues to engage with clients and friends...

China Contract Templates for $99 Each

Posted on October 01, 2020
Now that I have your attention. Neither our law firm nor any good law firm of which I am aware ever sells China contract templates. There are many reasons for this but foremost that templates virtually never work for China and they often can be more harmful than having no contract at all...

12 Action Items for China Trademarks

Posted on September 30, 2020
Our international IP lawyers love lists and the below is a list of the 12 things we most often recommend regarding China trademarks to our clients that do business in China and have at least one brand they care about. Most of these items apply with equal force to most other countries as well...

China Cybersecurity Law Webinar: The Video Replay

Posted on September 29, 2020
For anyone not able to join our China Cybersecurity Law webinar last week, we?ve got you covered! You can watch the webinar HERE.

Will My Contract Be Enforceable in China, and Will It Help Ensure the Chinese Side Performs Properly?

Posted on September 28, 2020
In my last post I discussed the importance of having the right person craft your China contracts. I am often asked (usually right after I quote our fee) whether a China contract I am proposing to write “is even enforceable in China.” I always give the same answer, which is more or less the following...

International Shipping Terms Glossary

Posted on September 27, 2020
Every community has its lingo, and the international trade community is no exception.� Lawyers who work on international matters have a good chance of running across some of that lingo, even if they are not working on a trade matter as such. In fact, in my experience, it’s rare for international contract work not to...

China Law Blog on Social Media

Posted on September 26, 2020
A lot is happening these days in and with China and around the world. Obviously. Earlier this year, much of our legal work centered around helping our clients deal with the US-China trade war. That truly feels like ages ago, as today, — working remotely — our international lawyers have been consumed with helping companies...

Is China Cracking Down On Foreigners? Again.

Posted on April 01, 2011
Every so often, and for various reasons, the Chinese government mounts a crackdown on foreigners in China without the proper visa. The last really really big such crackdown was right before the Olympics. Things had been pretty quiet since then, with just a few minor crackdowns which were mostly confined to one or two cities...

China vs. India On Poverty Reduction. China Gets The Kudos Here.

Posted on March 31, 2011
When people criticize China too harshly, I like pointing out the incredible (unprecedented?) job it has done in bringing its people out of poverty. Don't get me wrong. Hundreds of millions in China still suffer from real poverty, but compared to China's recent history, the transformation has been, well, transformative...

China Wage Increases. Slowing Just A Bit.

Posted on March 31, 2011
Tom Orlick of the Wall Street Journal has an article entitled, "Exporters' Gain Is Workers' Loss in China's Labor," focusing on China wage rates. Though wages are definitely still rising, they are rising at 9% to 15%, not the 20% to 30% many had predicted...

Foreign Companies In China: A Chasm Between Big And Small.

Posted on March 30, 2011
David Wolf is someone who just "gets" China and I lap up what he writes about it and I nearly always agree with it. He wrote something the other day on his Silicon Hutong blog to which my first reaction was along the lines of "amen brother, I need to write on this...

On The State Of Intellectual Property In China.

Posted on March 30, 2011
China policy guru Benjamin Shobert has written an excellent article for the Asia Times on IP in China. The article is entitled, "China's IPR thorn still needles West," and it says what we have been saying: IP protection in China is getting better, but it is not there yet...

China's Private Sector Rising.

Posted on March 30, 2011
I know this is relatively old news, but until I saw it so well summarized at Thomas P.M. Barnett's Globalization Blog, I did not have the idea for this post. In Barnett's post, "Charts of the day: The decline of state capitalism....in China! Barnett highlights a recent Economist article on how China's rising entrepreneurship and "economic dynamism is owed in large part to its private sector...

It's Your Business. Not Your Chinese Partner's.

Posted on March 29, 2011
If you are a foreign business, it will not be easy or cheap for you to set up a business to operate legally in China. The following is just the most basic of lists of what you need to do to set up and operate legally in China: Register your legal entity in China...

Barbie In China. Retail Lessons To Be Learned.

Posted on March 28, 2011
I have read dozens of post-mortems on Barbie's recent closure in China, but none have resonated like the one I just read, entitled, "Shanghai Barbie Undressed: What's to blame, consumer preferences or strategy." This one resonated with me because (as far as I know) this is the only one by a true expert in China retail...

How To Buy Product From China.

Posted on March 28, 2011
The always helpful Quality Inspection Blog has a must-read post entitled, "Should you tell your China suppliers about your China price." In the post, Renaud Anjoran, China quality control inspecter, extraordinaire, does a really nice job explaining the steps you should go through in sourcing your product from China (my comments are in italics): Here is the sequence I advise importers to follow, when they source new suppliers: Get in touch with at least 10 potential suppliers, and ask some questions (about their main market, their size…) to evaluate if they are good fit for your needs...

China Trademark Emails. It's A Scam!

Posted on March 27, 2011
Earlier this year, in a post entitled, "China Domain Name Scams. It's A Scam!" I wrote of how companies have been receiving emails alerting them to how someone just sought to register "their" domain name in China. I wrote of how this is virtually always just a scam and described how to handle these: If your company has done anything in China (even just sending someone there to meet with a supplier), you have probably received a somewhat official email offering, at a steep price, to "help" you stop someone from taking your domain name...

China As Center For Dirty Money. Literally.

Posted on March 27, 2011
As anyone who has been to China knows, it is very much a cash based economy. Not that long ago, I had to use cash to purchase an airplane ticket at Biejing Capital Airport. So obviously there is a lot of cash in circulation in China. Now it turns out that China's cash is way dirtier than cash elsewhere in the world...

Global Sources And Alibaba For China Sourcing. Tell Me Who Do You Love?

Posted on March 24, 2011
Clients sometimes ask me whether they should be using Global Sources or Alibaba as a first cut for finding China suppliers. My response is always that I do not know, but that "I hear better things about Global Sources." Asia Business Media just did a post, entitled, "Alibaba and Global Sources: Competing less and less," explaining differences between Alibaba and Global Sources...

Chinese Companies As Prime Litigation Target. DMG v. VisionChina, Part II.

Posted on March 24, 2011
It is not at all uncommon for English language publications to write about our posts on here, but it is quite uncommon for Chinese language publications to do so. This only makes sense. So I was both surprised and delighted to learn that Caixan, probably China's best business magazine had written on one of our recent posts...

Is Twitter Relevant For China?

Posted on March 22, 2011
Today is Twitter's fifth anniversary. So whatbetter day than today to explain my abrupt and unexplained termination of my Twitter account? Maybe a year or so ago, I started getting fairly active on Twitter. I would tweet maybe 2-5 times a day about mostly China...

Gmail In China Not Working As It Should. The Cloud In China As Pie In The Sky?

Posted on March 22, 2011
It's official. Gmail in China the last week or so has become seriously erratic. I know this because just today I have recieved three emails from China telling me so. One came from someone in Shanghai, one from Beijing and one came from my co-blogger, Steve Dickinson, who is usually in Qingdao but is right now in Ho Chi Minh City...

When To Bring In Your China Lawyer. There Should Be Lag Time.

Posted on March 21, 2011
Clients are always asking when I should be brought into a matter and my response is nearly always "the sooner the better." Many times when clients are talking about doing a deal in China I tell them to keep me posted on their initial negotiations, but that we will not "turn on the clock" until it has become pretty clear that a deal will be happening...

Do You Want To Do China Trademarks Right Or On The Cheap>

Posted on March 19, 2011
I constantly get emails from people asking what my law firm charges for registering trademarks in China and I always respond by quoting our rate for a trademark analysis and stating that we will not "just" register their trademark in the category they tell us...

Martin Jacques On Understanding The Rise Of China.

Posted on March 18, 2011
A client of mine directed me to a link of a talk by Martin Jacques on China. I watched it and liked it so much I wanted to share it with our readers. The link is here and below is a transcription of Mr. Jacques' speech. It is certainly thought provoking...

China's 12th Five Year Plan. Infrastructure, Infrastructure, And More Infrastructure. Did We Say Infrastructure?

Posted on March 18, 2011
By: Steve Dickinson On Monday, March 14, The PRC National People's Congress approved China's 12th Five Year Plan and the outline of the plan was released to the public yesterday. The full 105-page document can be found (in Chinese) here. I am now reviewing the plan and over the next several weeks I will provide a series of reports on its contents...

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