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China Sourcing Contracts: The 6 Common Mistakes

Posted by on 2:35 pm in Blog | 0 comments

China Sourcing Contracts: The 6 Common Mistakes

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Can a foreigner register IP in China?

Posted by on 4:43 pm in Blog | 2 comments

Here is a short Q&A for a very common question about foreigners registering Intellectual Property (IP) in China With regards to the certificate of incorporation, can the company holding the IP rights in question be registered in the UK? Otherwise, what options do we have?   The applicant for the IP in China could be any entity or individual, regardless of physical location. A lot of people don’t realize. You need not be Chinese to register IP in China. Related Content: China Sourcing Crash...

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If the black and white logo is registered. Is my IP protected in color?

Posted by on 4:38 pm in Blog | 0 comments

Here is a short Q&A for a question that gets asked sometimes regarding IP registration for logos. At this stage we are interested in registering the attached logo, as we are already pushing through a PCT application that will buy us a couple of years extra time. As the logo is in black and white I presume the trademark protection will cover its use in any colour? Yes, but it’s better to check the application date of the patent, so you will know for sure when the PCT will expire. Yes, correct. In China, protection will cover its use...

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How to structure office hours in your Chinese company

Posted by on 4:31 pm in Blog | 0 comments

Client writes in to ask about labors laws and how to set up the office hours for his Chinese staff. As this question gets asked a lot, here are some basic points for your reference: Just wondering if I could borrow your brains and experience and get some advice on a decision that’s been on my mind for a long time now. We currently work every alternate Saturday (so a 5.5. day work week) like a lot of other sourcing companies in China. I have been seriously thinking about cutting it down to 5 days instead. What are your thoughts on this?...

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How to motivate a non-responsive supplier?

Posted by on 4:22 pm in Blog | 0 comments

When is the best time to initiate a legal course of action? Below is a typical case for reference if you are considering legal action against a Chinese entity. I am in the middle of collaborating with a Chinese company which is located in Dalian China.  The total order is for about $67,200usd (3×40’hq Containers)  So far I have sent them about $16,800usd (25%) as advance.  As of today, they are far behind on the delivery date, among many other issues I am facing in dealing with this company such as quality issues, false promises, deceits...

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Is it Legal & Safe to Hire a Freelancer in China?

Posted by on 4:32 pm in Blog | 1 comment

Questions & Answers Q: More and more websites (like oDesk.com, Elance.com Freelancer.com) in English and Chinese are connecting international business people w Chinese freelancers to project work on a part time and sometimes full time basis. What do the Chinese HR laws say about this? A: Technically, this transaction is not governed by Chinese Labor law and there can’t be a legally binding labor contract in place because the “employer” is not a legally registered Chinese entity. However, Chinese tax law does apply.   It’s not...

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Work With Your Chinese Attorney to Sue Your Supplier

Posted by on 1:32 pm in Blog | 2 comments

Sometimes miring through a lawsuit, whether against a supplier or an ex-business partner, can be more painful than the events that gave rise to the dispute. Although favorable results can never be guaranteed, foreign clients can take comfort in the fact that retaining a Chinese-based firm is less taxing than one might imagine. A client’s physical presence in resolving a dispute is limited, practically in absentia in most cases. The bottom line is that you don’t actually always have to fly to China to sue somebody. But your communication with...

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Starting a Business in China: How and Where to Start

Posted by on 2:34 pm in Blog | 0 comments

Right now, small and medium sized entrepreneurs can operate in the P.R.C. more confidently than ever. The Chinese government has committed itself to the protection of foreign partners’ investments, profits and legal rights. These guarantees protect against nationalization and uncompensated takings.  If you want to start a business (aside from merely setting up a representative office) there are three basic vehicles: (1) wholly foreign-owned enterprise; (2) joint equity venture; and (3) cooperative venture.  Whether you want to start an...

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Why Should I Retain a Chinese Law Firm?

Posted by on 2:30 pm in Blog | 2 comments

There are many benefits to hiring a Chinese law firm. Often times having boots on the ground is indispensable. Whether you are operating within Asia or abroad, it is always reassuring having someone on-site and ready to respond at first notice. Additionally, there are many procedures and functions that a foreign attorney, even with an international firm, simply cannot do. You need competence in the drafting of documents and transactions—specificity is key. Although it may seem beneficial and expeditious to simply pull a template from the...

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Hong Kong's Legal System and the P.R.C.

Posted by on 2:28 pm in Blog | 0 comments

“One China, two systems” In the United States, we tend to take for granted the Constitution’s Full Faith and Credit Clause. The concept is simple: any valid judgment issued by one state is fully enforceable in another state. Unfortunately, international civil litigation is not that simple and as a result the designated jurisdiction in your contract may affect the success of your claim. Under certain circumstances the P.R.C. permits parties to apply foreign contract law when enforcing the terms of business agreements. But generally,...

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