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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

China OEM Agreements. Ten Things To Consider.

Posted on April 22, 2010
Yesterday, our post of a slightly revised email on China's employment law from Steve to one of our clients was a hit in that we received emails thanking us for having run it. So today, we are going to run another Steve to client email on an Original Equipment Manufacturing (OEM) agreement we drafted, first in English and then in Chinese...

China Employment Contracts. Ten Things To Consider.

Posted on April 21, 2010
I love it when a ready to go post is delivered to my in-box, without my even having to ask. This morning, I received from Steve in Qingdao a carbon copy of an email he had sent to a software client of ours for whom we just started working on their China labor law issues after having registered their WFOE...

China In The 21st Century. The Book You Must Read. At Minimum/For Starters.

Posted on April 15, 2010
I typically receive (unsolicited) maybe two to three China books a month from publishing houses hoping for positive reviews. My decision on which book to read is based on my own somewhat random logic. I choose the one I believe will best match the length of my flight...

How To Spot China Fakes. As Though I Know....

Posted on April 12, 2010
Got a call the other day from a reporter trying to track down whether "half" of all of a particular product sold in the United States is fake. In fairness to this reporter, I am not going to mention the particular product until his story runs, but I will say it is a product I know very well...

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China Adoptions. Due Diligence, Due Diligence, Due Diligence.

Posted on April 11, 2010
Lawyers are fond of saying there are three keys to any deal: due diligence, due diligence, and due diligence. Though one does not typically think of an adoption as a "deal, adoptions (particularly international adoptions) too should not be undertaken without thorough due diligence...

China Patent Law. In Very Plain English.

Posted on April 09, 2010
A reader just sent me this link to China's State Intellectual Property Office (SIPO) and asked me what I thought of it. My response was that I assume it is accurate and it does a really nice job in setting out the basics of China's patent laws. The link is in an FAQ format which makes it quite readable...

Setting Up Your China Rep Office. What It Really Takes.

Posted on April 06, 2010
I feel a little bit silly doing this post right on the heels of my having done a number of posts on how China Rep Offices are becoming such a rarity (here and here). However, the post from which I got this idea is so good and so much of its information is relevant to establishing any business in China, that I just could not resist...

China-US Politics. Be Cool.

Posted on April 04, 2010
I love reading what Thomas P.M. Barnett has to say about China because he is not a China insider nor a China expert. He's a guy who really understands world politics and international relations and it is from that perspective that he looks at China. He recently did a great post, nominally on a London Telegraph article, "Is China's Politburo spoiling for a showdown with America? by Ambrose Evans-Pritchard, but really on why we should...

Doing Business In China, For Better Or Worse. SFO, April 6.

Posted on April 04, 2010
On Tuesday evening, April 6, I am going to be part of a stellar panel at the Commonwealth Club in San Francisco, discussing "Doing Business in China: For Better or Worse." Click here for full information and to sign up. The club describes the event as follows: Google's recent struggle with China over censorship has raised the possibility that China's regulatory regime may be too restrictive for the free operation of American technology companies...

The Slow Death Of The China Rep Office.

Posted on April 03, 2010
I have written a number of times recently of how China is cracking down on Representative Offices and of how they seldom make sense anymore. This past week, I encountered yet another potential pitfall. First though, a bit of general background on China Representative Offices...

A China That Can Say No.

Posted on April 02, 2010
In going through my hard copy of Asia Legal Business today, I came across an article I wrote a few months back. The article is called "A China That Can Say No," and though it was written at the very beginning of the Google imbroglio, I think it holds up well...

Google, Rio Tinto And The State Of Business In China.

Posted on April 01, 2010
I am trying to see how many posts I can do with Google and Rio Tinto in the title, despite my earlier claims that neither of those matters are terribly relevant to doing business in China. Though the media views those matters as signaling a sea-change in China, I simply view them as part of China's natural progression and well within its normal ebb and flow...

China's Currency. How Low Can You Go?

Posted on March 31, 2010
The International Law and Policy Blog is just out with a post that very nicely summarizes various positions on China's currency. The post is entitled, "Summary of China Currency Views," and it seeks to do the following: I thought it might be interesting to gather up the various views that have been expressed on the China currency issue...

China Law: Go Big Or Go Home. Better Yet, Go Boutique.

Posted on March 30, 2010
Loved an article in this month's Asia Law Business, entitled, "Boutique firms gain market from general practices." The article is written by Rashida Yosufzai and I have multiple reasons for loving it. First, the headline alone is music to my ears as my firm is, as far as I know, the only United States law firm that bills itself as an international law boutique...

A Google-China Cheat Sheet. Rio Tinto. Rio Tinto. Rio Tinto.

Posted on March 30, 2010
Will Moss over at ImageThief has a great post on the Google-China brouhaha, entitled, "A handy cheat sheet for interpreting the Google China story." The post is allegedly a tongue-in-cheek cheat sheet of how Google's leaving China is viewed/spun, depending on the perspective...

China Social Gaming. An Overview.

Posted on March 28, 2010
ReadWriteWeb has an excellent piece on China's social gaming market and participants. The post is entitled, "China's Social Gaming Landscape: What's Coming Next?" and its written by Joel Backaler of The China Observer. The post does a nice job answering the following questions: -- What makes a 'winning' Social Game in China? -- Which Social Game developers in China should you know about? -- What are the challenges facing Social Game developers in China? --...

China Tweeting/Twittering. Et Tu?

Posted on March 28, 2010
A month or so ago, I did a post, entitled, "25+ China People You Should Follow On Twitter. Not One "China Expert" Among Them." I did it in response to a client asking me for a list of China people he should be following and my post consisted of little more than me pulling this 25 person list from an Ad Age China article, "25 China Experts You Should Follow on Twitter"...

Google, Rio Tinto And The Truth About China FDI. BTW, They Are Not Even Really Related.

Posted on March 28, 2010
For days now, I have been planning to write a "moderate" post on the state of FDI in China. By moderate, I mean one between the "sky is falling down everyone flee now" lines being pitched by some (mostly those who are actually not involved in China) and those who are writing that everything is great, there are no problems, come one come all (mostly by those whose livelihoods either depend on foreign companies coming...

China's Liechtenstein Effect.

Posted on March 28, 2010
Whenever looking at the laws or actions of a another country, it is important to keep things in perspective. It just makes good sense to have some perspective on how things really are in your own country and in other countries, before expressing outrage at how things are in one particular country, as though that country is some sort of horrible outlier...

Google, China, And Free Speech For Those Who Actually Give A Damn.

Posted on March 27, 2010
-- "94,000" sue Danish cartoonist in a London court for a cartoon that offended -- Canada "clamps down on free speech," forcing American author has to cancel her speech in Canada due to anticipated violence -- Turkey's Prime Minister threatens to expel 100,000 Turkish Christians for calling a genocide a genocide -- Saudi Arabia will be executing someone for practicing a religion other than Islam -- Venezuela arrests opposition politician for speaking out on TV...

China OEM Agreements. You Are Naked Without A Good Bill Of Materials

Posted on March 24, 2010
This post was written by Jon Zimmerman, a new attorney at my law firm. Jon may be new to our firm, but he certainly is not new to the world of Chinese or international law. Jon has been practicing international law for nearly 18 years and has been heavily involved in China law for 15 of those years...

China Law Blog's Media Tour. Power Lunch For Breakfast.

Posted on March 23, 2010
I will be appearing on CNBC's Power Lunch today at approximately 1:00 p.m. EST (10:00 a.m. PST and 1:00 am China time). I will be on to discuss the impact Google's leaving China is likely to have on foreign businesses in and involved with China. Please be sure to tune in...

Is China Going Green? Part IXX. An Excellent Update/Analysis.

Posted on March 22, 2010
China Real Time Report just put up an excellent post by Professor Stanley Lubman on the state of the environmental laws and enforcement in China. Entitled, "Strengthening Enforcement of China's Environmental Protection Laws," its first and last paragraphs nicely summarize the post itself: In the face of ongoing serious damage to China's environment caused by 30 years of historic economic development and weak enforcement of China's environmental protection laws, environmental litigation is growing and a...

China (And Other) Border Guards. Hate 'Em At Your Own Peril. R-E-S-P-E-C-T.

Posted on March 22, 2010
When I was in BigLaw back in the Midwest, one of my favorite activities was engaging in Britt Airways stories with other lawyers during long pauses in depositions or hearings. I usually reeled out two stories. The first was how I once had to go from Bloomington, Indiana, to Minneapolis, Minnesota and how my luggage went to Bloomington, Minnesota and then, after I complained, was sent on to Bloomington, Ilinois...

China Blog March Madness. Xinjiang, Blogs That Pop And The Old Guard.

Posted on March 21, 2010
Some interesting/informative new China blog lists out this month. The first, and most specialized, is that on Far West China. The post there is entitled, "A Survey of Xinjiang Websites on the Internet" and that is exactly what it is. Xinjiang gets little media coverage and not much blogging coverage either, so this list, though somewhat sparse, is quite helpful...

Psst. China Has Tort Laws. Oh, And They Are Relevant For Foreigners.

Posted on March 19, 2010
NOTE: This post is very much based on co-blogger Steve Dickinson's recent article in China Economic Review, entitled, "A Civil Action." On July 1, 2010, China will be getting a new Tort Law. This law has been in in the works for nearly a decade and its arrival represents the completion of China's civil code...

China: Don't Let The Tail Wag The Dog.

Posted on March 18, 2010
Excellent post over at the China Tax Insight Blog, based largely on a couple of comments on this blog to which I had not yet gotten around to responding. The China Tax Insight post is entitled, "A Seeming Solution to the China PE problem" and it relates to businesses trying to avoid having to set up a presence in China for tax or other reasons...

The China Price. Low, Lower, Lowest And Incredibly High.

Posted on March 18, 2010
Excellent blog post on the Harvard Business Review Blog regarding prices in China. The post is written by Max Magni and Yuval Atsmon of McKinsey & Company's consumer practice in Greater China and Atsmon is an "associate principal" in the Shanghai office...

You Want Chinese Workers? Think Outside the Guangdong Box.

Posted on March 17, 2010
There has been a lot of press lately about shortages of Chinese workers. It is important to note that nearly all of those stories originate from and focus on Guangdong province. If China is the factory to the world, Guangdong is the factory to China. If you wanted to hit a massive factory by throwing a dart from the sky, you would be wise to choose to aim at Guangdong...

Pssst. China Has Quality Control Laws. Et Tu Hugo?

Posted on March 16, 2010
A China Daily article, entitled Foreign luxury retail brands fail quality control test: study, (h/t Quality Inspection Blog) nicely highlights what Westerners far too often fail to realize about China: it has laws. More specifically, it has import laws and quality control/consumer protection laws...

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