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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 Law Blog Does LinkedIn. We Welcome New Members.

Posted on December 13, 2009
About a week ago, we went public with a China Law Blog Group on Linkedin. The goal of the group is to gather together people interested in real discussions on Chinese law and business and, sometimes even China in general. There are plenty of other China groups on Linkedin and I am a member of some of them...

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

Posted on December 12, 2009
About three 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 III of this series. This is the fourth 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...

How Not To Get (China) Internet Scammed.

Posted on December 10, 2009
Rich Kuslan over at Aziabizblog has an excellent post up on emails (usually allegedly from China) that seek to scam attorneys. The post is entitled, "How Not to Get Scammed by a Scam Email," and much of the post serves as an equally good lesson on how not to get scammed by a Chinese seller of product whom you are dealing with only over the internet...

That's Hot: Made In China For China. By Foreigners.

Posted on December 09, 2009
That's Hot. If two years ago, someone had asked me to describe my law firm's typical China manufacturing client, I would talked about a company that was either doing contracting out its manufacturing to China or doing its manufacturing in China itself, all of this strictly for export from China...

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Do I Really Need A Chinese Company?

Posted on December 07, 2009
I dunno. We recently did a couple of posts on what is required to form a Wholly Foreign Owned Entity (WFOE) in China. In the first of these posts, "How To Start A Business In China -- WFOE," we we set out the four main steps in forming a WFOE. In our second post, "How To Start A Business In China -- The Minimum Capital Requirements For A WFOE," we discussed the minimum capital requirements...

China: First Let's Clear Out The Long Time Foreigners.

Posted on December 06, 2009
A couple weeks ago, I got what for my law firm is a fairly typical phone call. This was from someone in a second tier city who had been operating a business there for seven years, all done on a business visa without having registered the business and without having secured a long term Z (employee) visa...

How To Start A Business In China -- The Minimum Capital Requirements For A WFOE

Posted on December 05, 2009
Yesterday, in a post entitled, "How to Start a Business in China -- WFOE," we discussed the basic requirements for forming a wholly foreign owned entity (WFOE or WOFE) in China. One of the questions we are most frequently asked about how to form a WFOE in China is is how much the Chinese government requires in minimum capital...

The New China Round-Tripper. China WFOEs And JVs Coming Home??!!

Posted on December 05, 2009
Though most of my law firm's practice involves helping American and European companies go overseas, at least ten percent of our business involves helping foreign companies enter the United States. This number always fluctuates, depending on how things are going economically in the United States versus the rest of the world and on how the US dollar is doing on currency markets...

How To Start A Business In China -- WFOE

Posted on December 04, 2009
This post is a re-hash of a post Steve did more than three years ago. We are re-running it now as part of a series of posts we will be running over the next few weeks on the Basics of China Business Law. We are even forming a new category for this series, the first since we started this blog! This post focuses on the forming of a Wholly Foreign Owned Entity (WFOE) in China...

China Demographics Because They Matter.

Posted on December 03, 2009
Bill Russo, China car expert extraordinaire, has been running an excellent series of posts on China's car market and he just hit the lucky number 8 and final one and this one really got my attention. It is entitled, "TREND #8: China?s Rapidly Changing Demographics and Growing Demand in Lower Tier Cities," and its focus is on China's demographics relating to car sales in China...

China's Petitioning System. A Veritable Appellate Court For Foreigners?

Posted on December 03, 2009
I am in a terrific China Law ListServ (yes those things do still exist), graciously run by Professor Donald Clarke of the Chinese Law Prof Blog. There are some seriously smart and knowledgeable people on the ListServe and much of the discussion is more geared toward China law academics than practitioners...

Rule B Maritime Attachments And China. We Hardly Knew Ya.

Posted on December 03, 2009
U.S. Supplemental Admiralty Rule B is an amazing rule. Absolutely amazing, and, in many ways, quite unlike anything else in the US judicial system, and so arcane as to not really fit in it so well any more. Under this rule, if a plaintiff has a maritime claim against another party and that other party is not within the district in which the lawsuit is commenced, the plaintiff may seize the defendant's assets without having...

China Legal. It's Just Legal. And The State Of Foreign Direct Investment In China.

Posted on December 03, 2009
Yesterday, I wrote a post on how to succeed in China business, the theme of which was that the real keys to business success in China are related far more to do with doing business the right way than they are to anything peculiar to China. I received a great comment to that post from someone ("Chris") whom I do not know, but someone who obviously knows whereof he speaks...

Protecting Intellectual Property In China. The Bibliography.

Posted on December 02, 2009
Robert Hu, a law librarian/professor at St. Mary's University School of Law just came out with a China IP bibliography, entitled, Protecting Intellectual Property in China: A Selective Bibliography and Resource for Research. That long title is the academic way of saying a really helpful list of sources on China IP...

China Law Blog: Will Beg For Your Vote

Posted on December 01, 2009
One of the things I cannot stand about public television and public radio here in the U.S. is how they constantly beg for money. Well I am proud to announce we are not doing that. We are instead begging for your vote and your endorsement. The ABA (American Bar Association) Journal editors have once again chosen us as one of the top 100 law blogs and then thrown the final decision on best blog in...

How To Succeed In China Business.

Posted on December 01, 2009
Rich Brubaker over at All Roads Lead to China did a post recently, entitled, "5 Characteristics of Successful Companies in China." The post sets out the following five things successful companies do in China: 1. Define their China market. The successful company spends time figuring out what its market will be in China, both geographically and socioeconomically...

Trademark Registration In China.

Posted on December 01, 2009
Not sure why, but I have been dealing a lot lately with China trademarks. I think it might be because in the last year or so, we have seen an increase in the ratio of our clients seeking to sell product into China as opposed to manufacturing it. The key to understanding Chinese trademark law is to understand that the first to file for the trademark virtually always gets it...

Wine And Taxes And How To Do Business In China.

Posted on November 30, 2009
Evan Osnos's most recent New Yorker article [this is just an abstract, you will need to pay $4.99 or subscribe to see the full story] is so chock full of juicy China law and business (and even tax) tidbits I just know I am going to be rambling a bit in this post...

Setting Up Your Worldwide Internet Sales Empire. China Too.

Posted on November 29, 2009
My law firm represents a fairly substantial number of companies that sell product worldwide over the internet. This stems from many years ago when we represented about forty such companies in an international lawsuit against one of the largest third party credit card processing companies...

China's Stunning Lack Of Brands.

Posted on November 27, 2009
Not so long ago, I spoke at a China round-table where someone asked me what sort of US businesses Chinese companies are interested in buying. I mentioned how Chinese companies typically buy US companies for one of two reasons: expertise or brand name...

China Sports Blogs. Not Quite Life Itself, But....

Posted on November 25, 2009
"Whoever wants to know the heart and mind of America had better learn baseball, the rules and realities of the game." Jacques Barzun I love watching and reading about sports. Always have. Always will. Growing up, I never missed school unless the Cubs were on the television...

WHEN To Register Your China Trademark.

Posted on November 24, 2009
I am always preaching how foreign companies must register their trademarks in China if they are going to be doing business in or producing product in China (see, for example, "China Trademarks -- Do You Feel Lucky? Do You?"). And in most cases, companies should register their trademarks in China now...

On China Litigation And Getting Harmonized To Death. Ugh.

Posted on November 23, 2009
I am going to have to be vague almost to the point of incoherence here, but if you keep reading, you will understand why. About three years ago, we brought a very large lawsuit in China, using one of our favorite Chinese law firms. We are representing the plaintiff on this case and we are claiming that another foreign company (with a very large China presence) made a mistake that cost our client...

China's Silcon Sweatshops. And Why It Matters To Your Business.

Posted on November 23, 2009
Global Post is running a five part series on China's high-tech sweat shops (h/t Danwei). Part I is entitled Silicon Sweatshops and from there you will find the link to the other four parts. For those who deal with China every day (or even if you have read the excellent book, The China Price) the main themes of the series will come as no surprise...

Chongqing, China. Ka-ching?

Posted on September 30, 2009
Got an email the other day on Chongqing that went as follows: Long-time reader _________from Chongqing here. Hope all has been well with you. First, I'm not sure how this could work into a post, or whether it is simply of... [[ This is a content summary only...

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

Posted on September 27, 2009
About a month 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. This is the second in that series. As I mentioned in that last blog post, we pick... [[ This is a content summary only...

China History 101. 1949-2009.

Posted on September 27, 2009
FT.com has a very nicely put together, very informative timeline/article mapping out the key points in China's history. It is entitled, "People?s Republic of China at 60" and its pitch is that it allows you to "follow the... [[ This is a content summary only...

China Company Formation: Meet The New Hong Kong. Same As The Old Hong Kong.

Posted on September 23, 2009
Won't Get Fooled Again. My roommate my senior year in college was a Who fanatic. And when I say fanatic, I mean fanatic. This guy had lived a few years in London and he had the urban trench coat and the British accent down... [[ This is a content summary only...

Understanding China FCPA Risks. Who Is A Foreign Official?

Posted on September 22, 2009
I am becoming obsessed with the Foreign Corrupt Practices Act (FCPA) because I see it as one of the the "most missed" things for United States companies doing business in or with China. The other day, I was interviewed by a... [[ This is a content summary only...

China Marketing And Branding. Reading The Tea Leaves.

Posted on September 20, 2009
The DragonBeat blog has a great post, entitled, "Why foreigners are beating China?s tea-makers on their home turf." The post is on why China has none of the leading tea brands worldwide, but what it says pretty much applies... [[ This is a content summary only...

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