Though non-lawyers who deal with China love to talk about China’s “uncertain” legal landscape, the boring reality is that we China lawyers tend to read things the same way nearly every time. Sure we sometimes jabber back and forth about whether it is better to arbitrate in Hong Kong and then try to get the arbitration award enforced in Shanghai, or just arbitrate in Shanghai from the get-go.
But on the big legal issues that confront foreign businesses that do business in China or with China, there is usually no dispute.
We lawyers generally think alike when it comes to legal issues.
I thought of all this after just having read a China Hearsay post extolling how much more cooperative the Chinese government is than the United States government. The post is titled, U.S. Tech Startups: China Is Coming For You [link no longer exists] and I am not sure whether it intentionally references the horror movie idea of a monster coming for you, but if doesn’t, it should have.
To grossly summarize this post and to add my own slightly blunter spin to it, the post says the following:
1. The media story on which the post is based is really vague. It is certainly vague if you are a lawyer trying to figure out what is really going on. This only increases the sense of dread. Who and what is really lurking out there?
2. The article, along with probably 98% of its readers, are of the view that everything is and will be great for this US company in China. China Hearsay sees a big giant IP sucking zombie with a bloody axe.
Me, I am so worried for this U.S. company that I could only scan the post once and now I cannot even return to it. Reading that post was like getting punched in the stomach. It is like seeing a little kid on a train track with a train rapidly approaching. It really is that bad and if you have been involved with China (or really any other emerging market economy), you know exactly what I am talking about here.
I just hope the kid jumps off the track before it is too late.
Read China Hearsay’s post and let us know how it makes you feel.