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Giving Your IP to China Out of Love

One of our China IP lawyers tends towards sarcasm, and in cleaning out my email stack I found this email: Another company that loves China so much that they have already given all their IP to a Chinese company with nothing in return. American and European companies seem not to realize that if they teach

Avoiding China Company Formation Problems

Every so often, someone about to have their Chinese company shut down by the Chinese government contacts us. These sorts of contacts accelerate during economic slowdowns and times of tension and that has been the case of late as well. The following is a composite of some of the emails we have received relating to

China Employee Non-Competes: Do Not Try This at Home

Many American companies (at least outside California where employee non-competes are generally considered invalid) love non- competes and they use them as a matter of course with most (sometimes all) their employees. Generally, a non-compete agreement or a non-compete provision in an employee contract provides that the employee cannot work for one of the employer’s

Forming a China Company: Seven Basic Issues

There will always be more to being legal to operate in China than simply forming a company there. And there will always be more needed to be truly operational in China than simply being legal. So when forming a China entity for our clients, we nearly always work with them on the following — before

On the Importance of Knowing China Legal and Business Differences

A Canadian company reached out to my law firm to see if we could help it get its tooling and molds back from its former Chinese manufacturer. This company’s Canadian lawyer had drafted a manufacturing contract with the Chinese manufacturer that was silent regarding ownership of the products’ tooling and molds. When the Canadian company

Key China Employment Documents

I recently read an email to one of my firm’s clients from one of our China employment lawyers. The email explained a large set of employment documents prepared initially just for the in-country China WFOE manager, but written to be used with various imminent China employee hires as well. Because this email so nicely sets

International real estate lawyers commercial leases for WFOES

Commercial Lease Reviews for China WFOE Formations

Our international real estate lawyers often review leases for companies early in the process of forming a China WFOE. Our work in this area has been growing exponentially as word has gotten around regarding WFOE registrations going awry and landlord problems stemming from WFOE leases. The pendency of a WFOE formation is a complicated time

Four Common China Law Mistakes To Avoid

This post highlights four common and somewhat egregious mistakes my law firm’s China lawyers often see lawyers make when representing their clients in doing business with or in China, along with a very brief analysis of what causes each sort of mistake. 1. Not Realizing that China’s Bureaucracy Puts Form Over Substance Many years ago, a U.S.

Understanding China Employment Laws and Employees

China is not an employment-at-will jurisdiction and terminating China employees is nearly always difficult. To make things even more challenging, many foreign companies doing business in China manage their China affairs from afar. To prevent employment (and especially termination)-related problems, you need enforceable employment contracts and employer rules and regulations, and a good understanding of

Doing Business with China During the Biden Administration

Even though tensions in the U.S.-China relationship have grown steadily over the past four years, the China market is still attractive for American companies because of its large and growing middle class and its massive and efficient manufacturing environment. Plenty of American companies cannot afford to relocate some or all of their supply chain from

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Giving Your IP to China Out of Love

Avoiding China Company Formation Problems

China Employee Non-Competes: Do Not Try This at Home

Forming a China Company: Seven Basic Issues

On the Importance of Knowing China Legal and Business Differences

Key China Employment Documents

Commercial Lease Reviews for China WFOE Formations

Four Common China Law Mistakes To Avoid

Understanding China Employment Laws and Employees

Doing Business with China During the Biden Administration

China Law Blog ™

China Law Blog ™

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Archives

Topics

Subscribe By Email

Search Our Blog

Giving Your IP to China Out of Love

Avoiding China Company Formation Problems

China Employee Non-Competes: Do Not Try This at Home

Forming a China Company: Seven Basic Issues

On the Importance of Knowing China Legal and Business Differences

Key China Employment Documents

Commercial Lease Reviews for China WFOE Formations

Four Common China Law Mistakes To Avoid

Understanding China Employment Laws and Employees

Doing Business with China During the Biden Administration