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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 As Intellectual Property Powerhouse? Someday. Maybe.

Posted on February 16, 2011
CNN China correspondent Lara Farrar, just wrote an excellent story on China's efforts to boost its intellectual property protection so as to better enable it to become an innovation-based economy. The article is entitled, "Keeping things safe: China aims to boost its intellectual property rights," and it nicely highlights Beijing's increasing emphasis on IP and it extensively quotes CLB's own Steve Dickinson...

China IP Law. Straight From THE Judge's Mouth.

Posted on February 16, 2011
By: Rebecca Carlson NOTE: Rebecca is a new lawyer at the Harris & Moure law firm and this is her first post on this blog. Rebecca recently graduated from the University of Washington School of Law with a J.D. degree and an L.L.M. (advanced law degree) in East Asian Studies...

China Trademarks. Do You Feel Lucky? Do You? Part III

Posted on February 16, 2011
David Woronov, a Boston-based international lawyer told me a very instructive China trademark story the other day. Seems a company had come to David with a big China trademark problem. This company had decided to have its products manufactured in China and it thought it could rely on its United States and Madrid protocol filings to protect its trademark/brand in China...

Splitting Your Brand In China? Be The Funnel.

Posted on February 15, 2011
I have been working for years for a very experienced and very sophisticated client who manufactures and sells product in China. Many years ago, this company was doing incredibly well in a foreign country when, all of a sudden, its leading seller of its product cut my client loose because it had secretly developed its own manufacturing of a competing product...

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China's "New" M & A Review System. Just Chill.

Posted on February 15, 2011
Last week, China came out with some guidance as to how it is going to determine whether foriegn company acquisitions (M&A) endanger China's national security and there have already been all sorts of articles speculating that this is going to mean a real crackdown on foreign acquisitions...

Is China Going Green, Part XX? It Sure Isn't A Good Place For Kids.

Posted on February 14, 2011
One of my best friends from college, (General Counsel for America at The Japanese newspaper, Yomiuri Shimbun, AND the author of a truly excellent book on the Negro Leagues) sent me a fascinating FT.com article this morning, entitled, "Japan Finds There is More to Life Than Growth," that poses the question as to whether Japan is the "most successful society in the world: Is Japan the most successful society in the world? Even the question is likely (all right, designed) to provoke ridicule and have you spluttering over your breakfast...

How To Protect Your IP In/From China?

Posted on February 14, 2011
Had lunch the other day with a high tech client that does business all over the world, but mostly in emerging market countries with weak Intellectual property rights and protections, including China. I asked him what his company does to protect its IP and he said they use a "Swiss-Army Knife approach," meaning they do "everything and anything we can do...

Real China Business Advice. The Bad And The Ugly.

Posted on February 13, 2011
Stan Abrams over at China Hearsay has an excellent China post, entitled, "A Never-ending Supply of China Business Advice." The post starts out with Stan talking of how there has been so much written on how to do business in China and some of it is less than top-notch: At the same time, a lot of this material is repetitive, obvious, and not at all China specific...

How To Find And Deal With Chinese Manufacturers.

Posted on February 13, 2011
Very helpful post over on the Foreign Entrepreneurs in China blog, entitled, "36 Tips on How to Deal or Negotiate with your Chinese Suppliers." I urge you to read the entire post, but I particularly liked the following (lucky) eight tips because they are important and yet not often enough discussed: Not all good suppliers have English language websites...

China Manufacturing Agreements. Watching The Sausage Get Made.

Posted on February 12, 2011
Co-blogger Steve Dickinson is in the midst of working on a number of unusually complicated OEM (Original Equipment Manufacturing) agreements for American companies seeking to buy product from China. A few minutes ago, I received a cc'ed email from Steve to one of our clients, explaining what he has done so far on the client's OEM Agreement and seeking a bit more information so as to be able to finalize it...

Doing Business In Or With China. Ask Yourself These Questions.

Posted on February 11, 2011
A consultant friend of mine is leading a very large group of American businesses to China for a big exhibition. He is putting together a short manual for these businesses and he asked me to help put the bug into the ear of these businesses that they should not be ignoring China legal issues...

What Every SME Needs To Know About Chinese Law. February 22, Beijing's Kerry Center

Posted on February 10, 2011
On Tuesday, February 22, 2011, China Law Blog's own Steve Dickinson will be giving a talk to the European Chamber of Commerce in Beijing on "What every SME needs to know about Chinese Law." The EU Chamber describes it as follows: The European Union Chamber of Commerce in China is delighted to invite you to a special SME Focus seminar to introduce 'What every SME needs to know about Chinese Law'...

Chinese Immigrants In America. Ummm.

Posted on February 10, 2011
Had lunch the other day with a Korean-American client. Like many Koreans in Seattle, he came here at elementary school age (12 in this case) and he comes across just like any other American. No accent, understands and even laughs at my jokes, etc. At one point in the lunch, he told of having to go back to Korea to meet his wife's parents to request their daughter, which is very much traditional in Korea...

Interfering In China. What's A Laowai To Do?

Posted on February 10, 2011
Anyone who has spent any real time in China has had to deal with a situation similar to that thoughtfully described in this post, entitled, "Breaking the ‘rules' in China — getting involved when you know you're not supposed to." The post is about a public fight between a man and a woman and the issue is whether the laowai (foreigner) should get involved and I recommend you read it and give us your thoughts...

Home Depot In China. It's Complicated.

Posted on February 09, 2011
Home Depot recently closed down its last Beijing store and the media has for the most part ascribed that to a lack of a Do It Yourself (DIY) culture in China. Though I do not for a moment doubt that China for the most part lacks such a culture, I am not at all convinced that is the sole (or even the main) reason for the closures in Beijing...

China And Dual Citizenship. Not So Fast.

Posted on February 09, 2011
I swear, just about everyone I know has a dual passport. That's somewhat of an exageration, but twice in the last few months I had clients first express surprise at my having only one passport and then pity. I ended up pointing out one very important reason why their dual passports were overrated, and that was before an execution in Iran I discuss below...

How To Protect Your China IP.

Posted on February 08, 2011
Danny Friedmann of IP Dragon wrote a great post entitled, "How to prevent and act upon intellectual property rights infringements in China" that very nicely (and succinctly) sets out exactly how to accomplish that. Friedmann states that intellectual property infringement is prevalent in China "and a challenge for every company in every industry" but those companies that "take adequate precautionary measures," "anticipate infringements," and "aggressively enforce their rights ...

Seven Rules Of China Due Diligence.

Posted on February 08, 2011
I have become a big fan of Muddy Waters Research. Muddy Waters is a micro company that focuses on debunking Chinese stocks, mostly for fraud. Muddy Waters is the brainchild of Carson Block, who describes himself as "an entrepreneur who's practiced law and pioneered an industry in China...

Is China Too Risky? Aon Says No.

Posted on February 07, 2011
Not quite sure why, but I have been writing a lot lately about the risks of operating a business in China. A few months ago, I did a post entitled China Is The Risk. I See Clouds and a few weeks ago I did a post entitled Secure And Insecure Countries...

China Labor Unrest: The Graph.

Posted on February 07, 2011
Excellent graph (and site) showing the hot (and cold) spots for labor unrest in China (h/t Shanghaiist). I studied the graph for quite a while trying to determine some lesson for where foreign businesses should locate in China, but have to admit I have no great pearls of wisdom on this point...

Would You Buy A Chinese Car?

Posted on February 07, 2011
A couple years ago, I went to China with my wife and youngest daughter. We landed at Pudong and were waiting for a cab. A well-dressed Chinese woman who was one or two people ahead of us in the taxi line came over to and asked us if we wanted to switch cabs with her...

China Visas Just Got Easier AND Tougher.

Posted on February 06, 2011
Some interesting developments with China visas this last month. First the good news. The Shanghai Exit-Entry Administration Bureau has launched an English-language website for visa renewals and I checked it out and it is not bad at all (h/t to Shanghaiist)...

China Joint Ventures That Work.

Posted on February 06, 2011
As regular readers of this blog know, we are not generally fans of China joint ventures. Our view is that if you as a foreign company are not required Chinese law to form a joint venture with a Chinese company in order to accomplish your China plans, you would in most cases (but not all) be better off going it alone...

Promising China Blog: China Business Leadership Blog.

Posted on February 05, 2011
I have been reading and enjoying the China Business Leadership Blog for the last few months and I wanted to bring it to our readers' attention. The blog is authored by the SHI Group, whose slogan is "serving to make the strength of your company culture come to life in China...

China Mining For Foreigners. Fuhgeddaboudit!

Posted on February 04, 2011
Had the chance the other day to speak with the father of a friend whose very large company was for many years involved in various mining ventures in China. This person confirmed what I had been hearing for years, that the entire "system" in China is rigged against foreign companies involved in this industry...

For All The Coal In China, Shipped Through Longview, Washington?

Posted on February 04, 2011
China needs more coal. The United States has more coal than it needs. President Obama is vowing to double U.S. exports. Sounds like we have everything in place for increased coal shipments from the United States to China, right? Maybe. In an article entitled, "Coal Foes Play China Card: Critics of Export Terminal Warn of Environmental Harm Abroad From U...

Cease And Desist Letters For China IP Violations. They Can Work.

Posted on February 03, 2011
Many years ago, a very good client of ours was sent a cease and desist letter from their chief competitor. It turned out that our client was inadvertently bringing in product from China that directly infringed on a trademark owned by our client's chief competitor...

China Law. Do Not Try This At Home. Please.

Posted on February 01, 2011
A reader sent me an email today with a link to a discussion on a LinkedIn group regarding the cost of setting up and doing business in China. The discussion began with someone seeking information regarding the best way to set up a business in China and information about what that will cost...

China Manufacturing: "We're Bringing It Back Home."

Posted on February 01, 2011
I know many of our posts of late have been fairly negative on China, and I really wish this one were not, but I really have no choice but to "call 'em like I see 'em." We are constantly writing articles on what country is going to be the "next China" and I have mostly been talking up Vietnam as that choice...

China Companies Going Outward. Where Are They?

Posted on February 01, 2011
A few weeks ago, I had a great conversation with a very sophisticated Chinese businessperson on Chinese companies coming to the United States. His company is in the United States and he told me that Chinese companies very much want to come to the United States, for the following reasons: They have heard about and want the high margins; If they can make it in the United States, that is a huge selling point in China; There is the view that if you can make it in the United States, you can make it anywhere...

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