Should I Visit My China Suppliers? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions from people. We’re generally expected to be oracle-level wizards, a lot like people are treating AI now. In this series, we’ll share some of these questions that people ask us, along with our answers. For longtime China Law Blog readers, this “Quick Question” reboot will feel familiar. In this post, I answer questions relating to visiting your factory in China that provides you with your product. Should I Visit My Supplier in China? I ..read more

High-Quality Dispute Resolution Clauses With sushi restaurants, it’s the yellowfin. With new houses, it’s the windows. With international contracts, it’s the dispute resolution provision. The “it” I am talking about is the easiest, fastest, most accurate way to judge whether something is good or not. For international contracts, I head straight to the dispute resolution provision. A well-crafted provision is, above all else, unambiguous. If it calls for litigation, it clearly describes where that litigation will take place and which law will apply. It also specifies who will bear the costs and ..read more

China Trademark Oppositions Have you discovered that someone is applying for a trademark suspiciously similar to yours in China? Don’t panic! This blog post will guide you through the process of filing an opposition with the China National Intellectual Property Administration (CNIPA). What CNIPA Looks For When evaluating trademark oppositions, CNIPA focuses on two key factors: Your Prior Use in China. Have you used the trademark in China before the other party filed their application? Evidence like contracts, purchase orders, photos, or customs declarations referencing your trademark us ..read more

China IP Risks are Rising Earlier this week, in my blog post, Protecting Your IP from an Increasingly Rapacious China, I discussed the growing threats to intellectual property (IP) posed by deteriorating relations between China and the West  I highlighted how these strained relations, coupled with China’s struggling economy, have led to an alarming increase in Chinese companies seizing IP from their foreign business partners. Since that post, the following have occurred: Political Developments: Donald Trump announced that, if elected, he plans to impose a 60 percent tariff (yes, SIXTY pe ..read more

As lawyers, we field a wide range of questions—from the straightforward to the deeply complex. We’re often expected to be oracle-level wizards, much like how people now view AI. In this “Quick Question Tuesday series, we’ll share some of these intriguing questions along with our answers. For longtime China Law Blog readers, this “Quick Question Tuesday” reboot will feel familiar. How Can I Prove I am a Minority Shareholder in a US Entity? Question: Does the US state where the corporation was formed collect this information? Is there a public owner registry? If not, how do I prove to my governm ..read more

China IP Risks are Rising With the fraying of relations between China and the West, Chinese companies are becoming increasingly concerned about their ability to maintain long-term relationships with foreign companies. Add in a flailing Chinese economy and you can understand why the incidence of Chinese companies “grabbing” IP from the foreign companies with which they conduct business is skyrocketing. Desperate companies do desperate things. A Real-Life Example of China IP Theft Our International IP lawyers are frequently hearing about these issues, often through panicked emails. The below is ..read more

Introduction I am an international transactions lawyer. I frequently handle the initial stages of transactions and often find myself negotiating with parties who do not have legal representation. In these scenarios, I am trying to put together the easiest and most streamlined contract that the counterparty will be comfortable with. This work requires a deep understanding of the context within which companies do business across borders. My Practice Focus I cut my international contracting chops doing business with China. I lived there for three years many years ago, so I built a practice around ..read more

On July 10, 2024, a new antidumping (AD) and countervailing duty (CVD) petition was filed against imports of Tungsten Shot from China.  Tungsten shot is used to produce shotgun shot. The petition was by Tungsten Parts Wyoming, Inc.  Unlike most AD/CVD petition, this petitioner admits that they only began production last year in 2023, and thus the domestic industry has not yet been established.  Instead of arguing that the Chinese imports have injured or threaten to injure them; the petitioner here is asking ITC and DOC to find that the establishment of the U.S. domestic industry ..read more

Registering U.S. State Name Trademarks in China Many brands, from craft breweries to universities, incorporate their U.S. state names into their trademarks. This not only reflects their origins but also evokes a sense of heritage and trust. However, for brands looking to enter the vast Chinese market, a significant hurdle awaits. Registering trademarks that include U.S. state names in China can be an uphill battle. Understanding the complexities and potential workarounds can be crucial for protecting your brand identity. Why Won’t China Register U.S. State Name Trademarks?! According to the Ch ..read more

China’s Revised Company Law Yet More Challenges for Foreign Investors China’s revised Company Law, implemented on July 1, 2024, marks a significant shift towards a more regulated and transparent corporate environment for all Chinese registered companies — foreign and domestic. Though Chinese domestic companies must adjust, the impact — not surprisingly — will be particularly pronounced for foreign businesses. This blog post describes the significant changes introduced by China’s revised Company Law, focusing on the stricter capital contribution rules and enhanced transparency requirements. It ..read more