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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

Ennovate Blog. Because China's Youth Are The Holy Grail.

Posted on January 18, 2010
Now that everyone knows garnering all 1.33 billion Chinese as customers for your product or service is unrealistic, selling to China's youth is the new holy grail. But who are China's youth and what do they want? Seeing as how I do not profess to having a clue on those questions in my own country, I am not even going to begin to try to answer those questions regarding China...

Another Day, Another Interesting Conversation With A China Factory. And How Lawyering Has Its Widgets Too.

Posted on January 17, 2010
Silk Road International Blog is one of my favorite blogs. It is written by David Dayton, an "international procurement and project management" specialist with more than twenty years of Asia experience. What I like so much about his blog is that it so often brings us up close and personal and it just tells it like it is...

China Whets Its Enforcement Appetite. And It's YOU It Wants.

Posted on January 16, 2010
For the last few months, we have been sounding the theme that China is becoming less beholden to foreign enterprises. We have been saying that the direct corollary of that is China's stepping up enforcement of its laws against foreign enterprises. At the beginning of this year, CLB's own Steve Dickinson wrote an article on this for China Economic Review, entitled, "New Image, New Errors" and earlier this week, we ran a revised version of...

China Law Blog. There's An App For That.

Posted on January 14, 2010
I am delighted to announce that there is a new way for you to get your China Law Blog fix. As of about a week ago, China Law Blog has been an iPhone App, making us one of the first law blogs to have an iPhone App. We used AppMakr.com to create the application, which provides updated blog posts to your iPhone...

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With China's New Standing Come New Errors.

Posted on January 14, 2010
This post is very much based on Steve Dickinson's article in this month's China Economic Review, entitled, "New Image, New Error." With China being hailed as the world economy's savior, its government has concludedthis is its century. The West is irrelevant and China will lead a vanguard of new players -- and the game will be played by Beijing?s rules...

Bad Faith Trademark Registration In China. Good Luck With That.

Posted on January 14, 2010
Every few months, my law firm gets contacted by a Western company that wants us to pursue a bad faith trademark case against a company in China. Typically, the Western company wants to pursue litigation against a Chinese company for having trademarked what the Western company perceives to be their tradename or trademark...

China Blogs: That's The way, Uh-Huh Uh-Huh, We Like It, Uh-Huh, Uh-Huh. Part V.

Posted on January 11, 2010
About four months ago, in Part I of this series, I promised we would go through our blogroll and justify and expound upon each blog, five by five. About a month ago, I did part IV of this series. This is the fifh of this slowly running series, where I explain, in alphabetical order, why it is that each blog managed to qualify for our blogroll under our admittedly "slippery, vague, and subjective criteria:" Our...

China Law Blog Wins ABA Journal Best Blog Award. Thanks All Its Loyal Readers.

Posted on January 11, 2010
The American Bar Association (ABA) Journal has came out with its top ten law blogs of 2009 and I am happy to report China Law Blog once again made this very difficult cut. The ABA Journal editors first chose the best 100 blawgs in ten categories, ranging from Practice Specific to Legal Theory and Geo to Lighter Fare...

How To Form A Representative Office In China.

Posted on January 11, 2010
For every roughly 100 China WFOEs and Joint Ventures (total) my firm helps set up in China, it does one Representative Office. Why so few Rep Offices, when it is generally agreed they are the easiest entity for foreigners to form in China? Because the inherent limitations on China Rep Offices mean they seldom make sense...

Terminating Your China Employee. It Ain't Easy....

Posted on January 09, 2010
It has been long enough and I will be merging enough different cases/clients into one that I can talk about it now without talking about any one client or case in particular. The subject is termination of employees in China and it definitely ranks among the things relatively smart American companies seem to get wildly wrong in China...

China Law 2010. Stepped Up IP Enforcement Is The Sixth Trend.

Posted on January 06, 2010
Damn. I just knew it. I knew there would be no way I (or any lawyer on any subject) would be willing to stay confined to just five. Let me explain. As 2009 was drawing to its close, I wrote a post for Shanghaiist, entitled, "Dan Harris: China?s top 5 business law trends of 2010" I talked about visas, company formation, labor law, monopoly enforcement, and taxes...

US Starts Terrorist Screening By Country. I See Great Things For China (Asia) Business.

Posted on January 04, 2010
Those who follow me on Twitter (@danharris) know that I "talk" about more than just China on there, and that is one of the reasons why I have not and will not add my tweets directly to this blog. I would guess about 70% of my tweets do involve China, with another 20% or so dealing with international law, business and political issues...

Ding Dong, China's Direct Sales Calling. Instant National Guanxi?

Posted on January 03, 2010
Excellent podcast/article up on on Technomic Asia's Business Blog and Podcast, entitled, "Ding-dong ? China calling: Direct Sales in China," on how direct sales just seem to correspond naturally to the concept of guanxi in China: Historically, sales in China have been based on this guanxi ? I get the sale, not necessarily because I have the best price or the best quality product, but because I have good guanxi with you...

China As Next Superpower? The Five Things It's Gonna Take.

Posted on January 02, 2010
Just finished a very interesting and very nicely done three part series over at the brand spanking new View to China blog, written by London based lawyer, Geraldine Johns-Putra. The series is on the five big issues confronting China in its ascension to superpower status and it is entitled, "China as the next Superpower? Top 5 Make or Break Issues...

China's Top 5 Business Law Trends For 2010*

Posted on January 01, 2010
With few exceptions, the business law trends I see for China in 2010 are not all that different from what I would have seen last year or even the year before. The Chinese government?s primary goal is to stay in power (I think this is true of virtually all governments) and that goal usually drives the enactment and enforcement of its laws...

VOTING CLOSES TODAY: Vote China Law Blog

Posted on December 31, 2009
In less than 10 hours, voting for the American Bar Association's best blawgs will be over. We need your vote. The ABA (American Bar Association) Journal editors once again have chosen us as one of the top 100 law blogs and given the final decision on best blog in each category out to the public...

Circular 698. Or How China's Tax Authorities Are Plotting To Over The World.

Posted on December 31, 2009
Shanghaiist just posted my list of "China?s top 5 business law trends of 2010," which list included China stepping up its tax collection efforts. Drastically. Speaking of drastically, I just read a really excellent article by a swarm of O'Melveny & Myers lawyers, entitled, "China Adopts Controversial Vodafone-style Extraterritorial Tax and Disclosure Rule," discussing China's just circulated Circular 698...

LAST CHANCE: Vote China Law Blog

Posted on December 31, 2009
In about 24 hours, voting for the American Bar Association's best blawgs will be over. In the meantime, we need you. Really badly. The ABA (American Bar Association) Journal editors once again have chosen us as one of the top 100 law blogs and given the final decision on best blog in each category out to the public...

Circular 698. Or How China's Tax Authorities Are Plotting To Take Over The World.

The Perfect Yet Unworkable Chinese Contract.

Posted on December 28, 2009
My clients know way more about their businesses than I do. My job as lawyer is to tell them how I perceive the legal risks and rewards of whatever they are doing and then work with them to help them decide how to proceed. I contribute on the legal side, they on the business side...

Happy, Happy, Happy Hannukkah, Festivus, Kwanza, Winter Solstice, And Christmas.

Posted on December 25, 2009
Happy (belated) Hanukkah, Festivus, Kwanza, and Winter Solstice, and Merry Christmas too! And a BIG thanks to all our readers. ENJOY the season/holidays!...

Playing By The Rules On China Business. Rules, What Rules?

Posted on December 24, 2009
Stanley Lubman, an esteemed Chinese legal scholar, now at UC-Berkeley, wrote an excellent piece this week for the Wall Street Journal's ChinaRealTimeReport. The article, entitled, "Stanley Lubman: Business in China: What Does ?Playing by the Rules? Mean?" sets out the dilemma faced by foreign businesses operating in (or with) China: Can they "do business in China without violating the law?" I recommend you read the whole article, but if you choose not to, at least...

The Best Ten Books On China. For Business.

Posted on December 22, 2009
If you like this blog and have not yet joined up as a member of the China Law Blog Group on Linkedin, you are really missing out. About two weeks ago, I asked the Group to list out what they thought to be the best ten books on China business. Within about a week, Forbes Magazine asked me to write an article on the same thing...

The Fake China Joint Venture, Made Real Through Marriage?

Posted on December 21, 2009
Just got this email, which is not too dissimilar from other emails and phone calls I have previously received: Like I said before, I'm really enjoying your series on China Law Blog on starting a business in China. It's something I might try myself someday...

Wanna Get Sued In China? Don't Pay Overtime.

Posted on December 19, 2009
China's Labor Contract Law (which law applies to every employment relationship in China) is very clear: employers must pay their employees for overtime. Though there are some exceptions, these exceptions are not nearly as broad or as easy to obtain as is widely believed...

China's New Food Safety Law. An Early Report.

Posted on December 17, 2009
In June of this year, China enacted a new Food Safety Law. It is stating the obvious to say that China's food safety is of relevance to the entire world and China food safety is the rare case where both foreign and domestic interests are united in wanting to solve a major problem within the Chinese system...

China WFOE vs. JV. Make Mine A WFOE. I Just Call It Like I See It.

Posted on December 16, 2009
Just got this comment (comment # 63 on our post, "China: First Let's Clear Out The Long Time Foreigners", which poses some pretty important questions and also leaves hanging some very common misperceptions regarding doing business in China: So here's my question albeit already bounced around but no solid answer given...

China As Distribution Center. Explained.

Posted on December 15, 2009
One of the fascinating things about having a China law practice is the front row seat it provides into the evolving trade relationship China has with the rest of the world. One of the things I have seen happening in far greater numbers over the last year or so are US companies establishing their worldwide or Asian distribution centers in mainland China...

China Corporate Law -- The Basics of China's Company Law.

Posted on December 14, 2009
On January 1, 2006, China implemented its New Company Law. At around that same time, China Law Blog's own Steve Dickinson wrote a scholarly article on the new law for the Pacific Rim Law & Policy Journal, entitled, 'Introduction to the New Company Law of the People's Republic of China...

How To Get A China Visa. Just The Real Basics.

Posted on December 14, 2009
This post is part of our new Basics of China Business Law series, where we discuss, usually in a bare bones sort of way, the basics of what it takes to do business in China legally. This post focuses on the different sorts of visas one can use to get into/stay in China...

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