China online gaming IP

China Online Gaming IP

China presents a wealth of opportunities for foreign gaming companies, but (and this is true of pretty much every IP-laden industry), it also presents substantial risks. This post sets out the basics on how online gaming companies can protect their IP in China via China IP registrations. Though our law firm represents a host (sort-of-pun intended) of online gaming companies, we have been hesitant to write specifically about largely because it is not all that legally different from other industries. But because we have lately been getting emails requesting we do so, we will. Starting now.

China Employee Contract Renewals

China Employee Contract Renewals

When our employer clients seek our counsel on new China employee hires, we usually (but not always) advise they use an initial fixed term of three years. We also recommend that before the initial employment term is up, they consider whether to extend the employee’s contract for a second employment term.

Keep your IP safe from China by using an appropriate NNN agreement

China NNN Agreements

China NNN Agreements are usually THE key to protecting your IP against China. Done right, they are nearly flawless. Done wrong (which nearly all are) they are worse than nothing at all. In this post, I explain the basics on how to draft a China NNN Agreement that will work. 

Nonprofits in China

Nonprofits in China

At the end of each calendar year, many nonprofit organizations, including nonprofits in China, start to appear more frequently on everyone’s radar. Recently I counseled a nonprofit organization that wanted to set up China operations in some way. Technically they are a U.S. not-for-profit (501(c)(6)) organization, rather than a 501(c)(3) charitable nonprofit, but I use

Alternative DIspute Resolution ADR

China Dispute Resolution Clauses

There is no one size fits all solution for China dispute resolution clauses because they depend on so many factors, including, the location of the Chinese company within China, the nature of the transaction, the goals of the parties, the most likely dispute issues, the most important dispute issues, the type of dispute issues, the languages of the documents and potential witnesses, the law of the contract, and a whole host of other issues. 

Mutual China NDA versus China NNN Agreement

Beware the China Mutual NDA

1. A China Mutual NDA Will Not Help YOU Should I Sign a Mutual NDA With a China factory? Our international manufacturing lawyers get this question once a week, which is up from maybe once a year only a few years ago. Our usual answer is no, mostly because these agreements are usually just a

China as one giant casino

China as One Giant Casino

Go ahead and describe China as one giant casino. And go ahead and call its legal system rigged. All this is fair. But do not let any of this be be an excuse for you not doing whatever you can to increase your own company's odds when doing business with China. Because if you do not do what it takes to protect yourself, I can guarantee you will have bad results.

How to control your China operations

How to Maintain Control of Your China Operations: WFOE or JV or Something Else?

How to control your China operations while avoiding China government control is critical and companies looking to do business in China need to decide what the China market means to them and what they are willing to risk. Companies looking to do business in China should decide what the China market means to them and what they are willing to risk. There is no way to entirely avoid China regulatory risk, but depending on your product or service and your company’s and owner’s risk appetites, there is always a way forward. The question of how to control your China operations is just one of many questions to ask.

China employee non compete agreements

China Employee Non-Compete Agreements

Be careful with your China employee non-compete agreements. Do not just insert a non-compete provision into your China employment contracts without first thinking through the repercussions of doing so. You also need to be careful to act on any non-competes before any impending employee termination.

China Employment Contracts and Double Wage Claims

China Employment Contracts and Double Wage Claims

China Employment Contracts and Double Wage Claims. If your China employee works for more than a month without a written contract, she will be entitled to a double monthly wage penalty. And if your China employee works for a year or more without a contract, she will become an open-term employee, which essentially means you must employee her until her mandatory retirement age.