China and Web3

China’s Blockchain Developments and Opportunities

Blockchain technologies are inherently international, and China has had its share of news lately. I have spoken on China and web3 from both business and national security perspectives. These new technologies present challenges and opportunities both inside and outside China. This post focuses on the for-profit blockchain developments and opportunities in China.

China IP theft

The Chinese Government is Coming for Your Company Secrets

The CCP is incredibly powerful and ruthless. Most of you already know this. If the CCP wants your IP, it will use its power and ruthlessness to get it. How does it do thatwhen you are not even located in China or you are always extremely careful about what you reveal of your IP in China? Very simple. It leans on your employees to force them to turn over your IP.

China design Patents

China Co-Development and Design Patents

Where there is no Chinese patent protection, it is perfectly legal for an unrelated Chinese factory to knock-off the product. Only some form of patent can stop the knock-off. That is, absent patent protection, a knock-off does not constitute infringement. So where no invention patent applies, a design patent is a powerful tool. If the design is registered as a patent, the owner of the patent can prevent any other factory in China from making a product using that design. The patent owner can also register with customs, preventing the export of the knock-off product.

Stick a fork in Hong Kong arbitration

The Death of Hong Kong Arbitration

One can argue all one wants regarding the risks of Hong Kong arbitration, but the mere fact that a lot more lawyers now view Hong Kong as a riskier arbitration venue than Singapore, New York, Geneva, Paris, and London, ought to be reason enough NOT to draft your contracts with a Hong Kong arbitration provision.

shipping imports

U.S. Import Practice Tips to Mitigate Compliance Risk

The shift away from the unipolar and free trade-oriented world of the 1990s and early 2000s to the peer competition-driven managed trade and industrial policies of today has resulted in an increasingly restrictive and protected U.S. import environment. The significantly stepped-up enforcement activity that characterizes this trend has, in turn, increased compliance risk for U.S. importers. This post will attempt to help U.S. importers mitigate some of that compliance risk through a set of up-to-date import practice tips.

China is increasing business regulation

China’s AML Increases Regulatory Oversight

For international businesses, the takeaways should be clear. First, the trend of increasing oversight  of business activities by the Chinese authorities continues. As readers of this blog will have noted, this is a recurring theme in much recent Chinese legislation, even that coming out of the special administrative regions, such as Macau's new gaming law. Second, engaging in monopolistic practices  in China is now a riskier endeavor, with increased penalties for companies and personal liabilities for responsible officers. When dealing with competitors and trading partners, businesses must beware the AML and give it a wide berth to any activity that could be construed as a monopolistic practice.