China Law Blog

China Law for Business

As countries around the world seek to reduce their exposure to China, Taiwan finds itself in the center of the process. I just spent two months in Kaohsiung, Taiwan (working on a large multi-country project involving China, Taiwan and Indonesia) and during my time there I heard much about Taiwan’s response to the trade crisis. My preliminary thoughts are as follows. First some history. Taiwan was a true pioneer in contract manufacturing. That is, manufacturing…
In China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was and in China Approves New Foreign Investment Law to Level Playing Field for Foreign Companies. MEH. we wrote how we were not at all impressed with China’s new Foreign Investment Law 中华人民共和国外商投资法. Since then, a number of commentators (who near as I can tell cannot read Chinese) have hailed the law as a positive development for foreign companies doing business…
About a week ago, in China’s New E-Commerce Law and Its Foreign Company Impacts, I wrote how China’s new e-commerce law will likely impact foreign companies doing business in China or with China. Because the new law does not offer much practical guidance and has yet to be bolstered by official interpretations or implementation rules, it is difficult to state with precision how exactly it will be applied and implemented. Nonetheless, using what we have…
Here’s the reveal: We have no such list. Pretty much every week, someone writes one of our manufacturing lawyers about the following: To ask about a particular overseas manufacturer; To complain about a particular manufacturer and to ask us to tell our blog readers about this company or report them to such and such government or embassy or to ask; and/or To ask us whether we have or know of a list that ranks manufacturers…
Now before anyone starts complaining, the letter grade in the title comes from the Council on Foreign Relations, truly one of the most august foreign relations think tanks in the world. Per Wikipedia: The Council on Foreign Relations (CFR), founded in 1921, is a United States nonprofit think tank specializing in U.S. foreign policy and international affairs. It is headquartered in New York City, with an additional office in Washington, D.C. Its membership, which numbers 4,900, has included senior politicians, more than a dozen secretaries of state, CIA directors,…
Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments or phone calls as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what we usually do is provide a quick general answer and, when it is easy to do so, a link or…
The Information Technology & Innovation Foundation just released an excellent report called Is China Catching Up to the United States in Innovation? It looks like the answer is “yes.” The report concludes that China is making more rapid progress in innovation and advanced technology industries than the United States. The report says there is no reason not to expect China to follow the same path as the “Asian tigers,” (Korea, Taiwan, Singapore and…
In the last year or so, our China lawyers have been seeing a steady increase in emails from people inquiring about selling their China WFOEs and that has only accelerated in the last couple of months. I have gotten three or four of these in the last month alone, including the following one this week, which is fairly typical: I have a shelf WFOE incorporated and I am looking to sell it and would be…
Way back in 2011, we wrote a post on how what your company does outside China can impact how it is viewed and even how it does in China. Logical, right? We titled that post China Business And Glocalization. Should What Goes Around Come Around?  What spurred that post was a multinational client of ours who had sought our help in “harmonizing” its China product return policies with those of the United States and Europe.…
Most of my China employment work is for employers, but in the last few years, my work representing expat employees just keeps rising and now equals nearly ten percent of my China employment practice. This increase in expat employment law is due to two things: 1) Chinese companies are hiring more expats, and 2) word has gotten out that what expats are promised by their Chinese employers seldom if ever matches what their employment contract…