arbitration clauses

Hong Kong Arbitration: Lawyers and Companies Are Just Saying No

In August, 2019 — in Hong Kong for International Business: Stick a Fork in It, I wrote how Hong Kong’s days as Asia’s leading international business hub were over and I made the following predictions: Companies that were deciding between Hong Kong or Singapore for their Asian headquarters would choose somewhere other than Hong Kong. Growing companies

China Trademark Appeal

Harris Sliwoski Wins China Trademark Appeal

Our international trademark attorneys recently won an appeal of an earlier refusal of a China trademark registration application. This case demonstrates the complex strategies often required to secure trademark protection for brands in China. As execution of these strategies can take time, brands willing to take the long view are likely to see better results.

Paper Shopping bags duties

New AD/CVD Petitions: Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, Turkey, and Vietnam

On May 31, 2023, the Coalition for Fair Trade in Shopping Bags, consisting primarily of Novolex Holdings (“Novolex”) and the union workers at the U.S. paper shopping bag manufacturing facilities, filed antidumping (AD) and countervailing duty (CVD) petitions against Paper Shopping Bags from nine countries. China is the largest exporter of the subject shopping bags,

China and Madrid trademarks

Color Claims for Trademarks: Avoid

Color claims for trademarks should in general be avoided. To be clear, there are situations when claiming color on a trademark registration application makes sense, but these situations are not common. What’s more, color claims might create issues in the future, if you stop using your trademark exactly as registered. Claiming a color or colors

Rare earths and China

Rare Earths and Polysilicon and Why We Must De-Risk From China

Polysilicon is a pure form of silicon and an essential element in the supply chain of solar photovoltaics, which harness solar power. Roughly 80 percent of the world’s polysilicon comes from China. The United States Geological Survey describes rare earths as follows: The rare earths are a relatively abundant group of 17 elements composed of scandium,

China due diligence review

Prohibited Party Screening and the Hidden Dangers in China Business Transactions

By Tom McVey & Ngosong Fonkem*  If your company is doing business with a Chinese company, it is essential to be aware of the risks associated with prohibited parties under U.S. export control and sanctions laws. The United States has strict regulations prohibiting U.S. companies from engaging with certain foreign individuals and entities. These include

China trademark disputes

Consolidation of Trademark Actions

Consolidation of trademark actions is a much-needed procedural avenue in China, one that would make the country’s trademark system more efficient and fairer. Actions that concern the same trademark, such as applications, oppositions, and cancellations, are generally not consolidated, wreaking all sorts of havoc for brands. This even though the Trademark Law has provisions that

Forced labor act

The Uyghur Forced Labor Prevention Act Puts Your China Imports in Danger

The UFLPA, the Question of Legislative Intent, and Its Impact on SMEs Since the launch of the Uyghur Forced Labor Prevention Act (UFLPA) in the summer of 2022, there has been an undercurrent of discussion in the trade community regarding the law’s real intent. Is the law intended to weed out products made with Xinjiang

China due diligence lawyers

Due Diligence in China Just Got a Lot Harder: Now What?

With the wave of news surrounding due diligence company crackdowns in China, with Mintz Group and Bain & Co. as the highest profile targets to date (see here and here), a reporter reached out to inquire how legal practitioners are dealing with this diminished access. She wanted to know whether and how this complicates business