Making Sense of Chinese Law

Payroll Issues during Lockdown in Shanghai

Starting in early March of 2022, Shanghai has tightened quarantine policies to prevent the COVID-19 variant Omicron from spreading. Since April 1st, 2022, the whole city went into lockdown. During this time, residents must stay inside, most can only work from home, and some cannot work at all. Our attorneys have received countless enquires concerning how the Chinese labor laws and regulations may apply to the situation. In this chaos, we have summed up some certainties both employers and employees can use for reference.

by Eva Gao

Newly released IP Protection Guidelines

The Guidelines on Trademark Protection and Enforcement in China (“The Guidelines”) compiled by China National Intellectual Property Administration (“CNIPA“) provided a detailed introduction of China’s trademark protection system, covering registration system and application requirements, examination and opposition, infringement and remedy. It also provided practical information about online search and application of trademarks and strategic suggestions […]

by Eva Gao

Chinese Company Verification

“How to verify a Chinese company’s legitimacy?”
“Is this Chinese company we do business with really exist?”
…
China’s State Administration for Market Regulation (“SAMR”) set up the online National Enterprise Credit Information Publicity System (“NECIPS”) in 2016, providing detailed mandatory information on companies’ registration details and compliance records to the public.

by Eva Gao

How to initiate a trademark infringement civil proceedings in China

After years of acting upon advices from their long-term trusted IP agency in Beijing, the European client found their company kept paying non-stop bills only for witnessing how the infringer continued exploiting their brand taking up the market. They were searching for an alternative, a better solution.

by Eva Gao

How to Initiate Foreign-Related Divorce Proceedings in China

I am not a divorce lawyer by expertise. However, I typically process a few foreign-related divorce proceedings each year, both to help those in need and to keep current with judicial practice. A client recently pointed out to me that there weren’t many useful online resources related to foreign-related divorce proceedings in China. Some of […]

by Eva Gao

Make NNN Agreements Work in China

Can signed NNN agreements (non-disclosure, non-use, non-circumvention agreement”) with businesses in China help protect your intellectual property? The answer is yes. The only question is to what extent? Have NNN agreements signed certainly does no harm. Make it tailored to the realities of Chinese judicial system is even better. WHAT YOU NEED TO KNOW As […]

by Eva Gao

LEGO Thanked China’s Procuratorate for cracking down Copyright Infringement

Many foreign-investors have paid close attention to the recent copyright infringement case of LEGO, which involves a large amount of infringing products with a total volume over 4.84 million boxes, generating revenue of more than 330 RMB million yuan. It is the largest criminal case of intellectual property infringement suffered by LEGO group in the […]

by Eva Gao

COVID-19 did little, if anything at all, to Shanghai’s foreign capital inflow

The report from Xinhua regarding the foreign capital inflows during the first quarter of 2020 is showing signs of real strength. Shanghai saw rising foreign capital inflows totalling about 4.67 billion U.S. dollars during the first quarter this year, up 4.5 percent year on year, the municipal government said Wednesday. During the same period, 10 […]

by Eva Gao

Contracts Negotiation & Signing

For most foreign-invested enterprises in China, business plans and decisions that need to be carried out are heavily relying on the competency and loyalty of their local partner, or their hired management team. For example, if a WFOE wanted to build, develop the China market for brands owned by mother-company, they probably need to hire […]

by Yong Zhai

Shanghai sees FDI, trade grow

Shanghai’s foreign trade grew steadily in November while foreign direct investment soared, indicating further progress in the opening-up of the city’s economy. FDI in the city soared 150 percent to US$7.52 billion in November to touch a new high this year in both year-on-year growth rate and value, according to Shanghai Statistics Bureau. The number of FDI […]

by Eva Gao

Are contracts in China ineffective?

Here are some frequently asked questions that I have received and answered about contracts in China, particularly in dealing with factories. These have been edited for clarity and privacy. Q: I have heard from colleagues in China and Hong Kong that contracts with factories are generally not worth the paper they are written on. Is […]

by Eva Gao

What Does A China Business Lawyer Do?

Every time I introduce myself as a lawyer to a foreign individual, I would be asked often, “What’s your area of expertise?” My simplified answer would be, “foreign-related business matters in China.” If they ask for more detail, I would tell them that my team and I provide consultancy to foreign investors and help resolve […]