China employee terminations done right

China Employee Terminations: Avoid These Mistakes

If you are a China employer, you must have a written employment contract with all your employees. Once you hire an employee in China it is generally difficult to terminate that employee during his or her contract term. It is also difficult to terminate your employees correctly in China, and there is usually a big price to pay for doing it wrong. 

China trademark registration

Manolo Blahnik: A Cautionary Tale

Back in the day, China strictly adhered to the first-to-file principle when it came to trademarks, meaning that whoever won the race to the registrar got the trademark, without regard to prior use of same. In the intervening years, however, China has moved in a more equitable direction, particularly in instances where the first filer is acting in bad faith.

Stop sign no deal

Why China Deals Do NOT Get Done

We have put the kibosh on many China-related deals, and that is what this post is about, especially in this environment with financially distressed companies popping up all around thanks to the trade war and Covid. For ease of explanation and to camouflage the identities of those involved, I have amalgamated a bunch of them into one. This scenario is incredibly typical, including the retirement of the owner precipitating the need for the deal.

forced labor sanctions

Raising the Ante on China Trade: Complying With and Making Claims Under the UFLPA

Citing the ongoing genocide, crimes against humanity, and other human rights abuses committed by the People’s Republic of China (China) against ethnic and religious minority groups in the western part of the country, Congress acted to strengthen CBP’s ability to enforce the forced labor prohibitions set forth in Section 307 of the Tariff Act of 1930 by enacting the Uyghur Forced Labor Protection Act (UFLPA) on 23 December 2021. To this end, the UFLPA applies a presumption that goods produced/manufactured (either wholly or in part) or mined in the Xinjiang Uyghur Autonomous Region (XUAR) or by entities designated on the UFLPA Entity List are made with forced labor and prohibited from entering the U.S.

China trademarks

China Similar Trademarks: What to Do?

When applying to register trademarks in China, it is not uncommon for brands to have their applications denied because of a similar trademark that has a prior right. This prior right may be an existing registration, or a pending application to register that was filed at an earlier date than yours. What to do if your brand finds itself in that situation?