Harris Bricken (LexBlog China)

Was just cc’ed on an email from one of my law firm’s China software licensing lawyers to a client that licenses its software through a distributor in China. Our licensing lawyer was responding to a question about registering the software licensing agreement with the Chinese government. The below is a portion of our lawyer’s response...

China Representative Offices With so many companies becoming reluctant to go “all in on China,” our China lawyers are seeing an increase in companies looking to just “dip their toe” into China via a Representative Office. Unfortunately, there are inherent limitations on China Rep Offices, and those limitations mean they seldom make sense for most...

New AD/CVD Petition: 2,4-Dichlorophenoxyacetic Acid (2,4-D) On March 14, 2024, antidumping (AD) and countervailing duty (CVD) petitions were filed against imports of 2,4-Dichlorophenoxyacetic Acid (2,4-D) from the People’s Republic of China and the Republic of India.  The petitions were filed by Corteva Agriscience LLC.  2,4-D is the active ingredient used in a wide variety of...

Last week, I spoke at Brigham Young University’s annual China Conference, which is now in its eighth year under BYU professor Peter Chan. This year the conference’s theme was Peace Together: Continuing a Culture of Collaboration. Professor Chan has become a good friend over the past few years since I started attending the conference. He...

Navigating Trademark Protection in China When dealing with China, protecting your brand’s identity is imperative. Every month, without fail, one of my law firm’s international IP lawyers are approached by companies facing a startling reality: their Chinese manufacturers have registered the company’s trademarks in China.* Understanding Trademark Theft in China The motivations behind these...

The Misconception of Foreign Ownership of Chinese Factories A common assumption among Western companies is that partnering with a Chinese manufacturer owned by a Western entity will lower risks and simplify the transaction. However, this belief is often based on a fundamental misunderstanding of Chinese business law and ownership structures. This post aims to dispel...

China’s Economic Downturn and the Implications for YOUR Business As economic uncertainty roils China, foreign companies operating in or with China face increasing risks. From capital controls to supply chain disruptions to Chinese companies turning against their foreign company partners, businesses worldwide must navigate a more precarious China environment. This article very examines the current.

Navigating China Licensing Contract Negotiations: Tactics and Countermeasures We have been drafting an increasing number of contracts for foreign companies licensing their brand name, concept, or technology for use in China. In the old days, this type of licensing was primarily in the industrial sector. These days, much of our work has involved licensing agreements...

China Factory Prices are Falling: How to Get Yours The Plight of Chinese Factories In China’s tumbling prices push some exporters to the brink, Reuters News wrote about something the international manufacturing lawyers at my law firm have been seeing for quite some time now. Desperate Chinese factories are lowering their prices, and most Chinese...

The news coming out of China lately has not been positive for many months, but this does not preclude smart entrepreneurs and businesses from succeeding. I have always told my clients, friends, and audiences that success with China looks different for each company. This post discusses some general guidelines from which to interpret the China...

Register Here Please join Harris Sliwoski attorneys Jonathan Bench, Dan Harris, and Fred Rocafort on February 14, 2024 for a free webinar on what we see for China’s business environment in 2024, and on what businesses can and should be doing to prepare. Among other things, we will be discussing how the following are likely...

2024 Hong Kong Legal Developments Article 23 and Its Implications Hong Kong is having a busy 2024 when it comes to legal developments. The city is getting ready to adopt national security legislation, separate from the National Security Law imposed by China in 2020. According to a public consultation document issued by the region’s Security...

Urgent Compliance Alert for Foreign-Invested Enterprises in China Attention all foreign investors in China! A recently passed mandate from the Chinese government demands immediate action to update your corporate governance structure and documents. Whether you’re a Wholly Foreign-Owned Enterprise (WFOE) or part of a Chinese Joint Venture Entity, adhering to China’s revised PRC Company Law...

International IP Protection: The Questions to Ask  As companies transition out of China and move elsewhere, my law firm’s international IP attorneys are helping them protect their IP during and after this transition. This blog post delves into the critical questions every business should ask itself before entering a foreign market. The following are the...

Navigating China Trademark Conflicts It used to be rare for one of our clients to be unable to secure a desired trademark in China because someone had beaten them to it. With the proliferation of trademark filings in China over the last 3-5 years, those halcyon days are over. When our pre-application screening turns up...

Securing and Maintaining China Trademark Registrations We constantly stress the importance of securing trademark registrations in China. But upon seeing an email from one of our international IP attorneys to a client, it occurred to me that we have not written about what companies should do after they secure their China trademark(s). So here goes,...

On December 29, 2023, antidumping (AD) and countervailing duty (CVD) petitions were filed against Glass Wine Bottles from China, Mexico, and Chile. The petitions were filed by the U.S. Glass Producers Coalition, which is comprised of Ardagh Glass Inc., and the union representing workers at the glass factories of Ardagh and two other U.S. producers...

China Trademark Oppositions and Invalidations: Getting Better Our China Trademark Opposition and Invalidation Victories Our law firm just got some good news in the form of several favorable decisions on China trademark opposition and invalidation proceedings. This in itself was good news, but we were also pleased to see China’s Trademark Office (TMO) and Trademark...

China Manufacturing Risks Are at Level 11 Making products in China is much more complex than it was five years ago, due to these factors: 1. The U.S. tariffs have profoundly impacted companies that ship products from China to the United States or make products in China. Many of my law firm’s clients will not...

Changing Your China Company Legal Representative With so many foreign companies looking to close down their Chinese entities (almost always a WFOE) and leave the country, my law firm’s China lawyers are having to deal with a lot of WFOEs whose legal representatives are no longer with the foreign company. These companies need their legal...

The Rise of China Distribution Agreements My law firm’s China lawyers have recently seen an uptick in China distribution agreements for foreign companies seeking to sell their products and services in China. This surge is driven by growing concerns over the risks that come with having a foreign presence in China, including geopolitical tensions, and...

China Copyright Protections China copyrights without registration Copyright stands out from other intellectual property rights for the protections it enjoys without registration, including in China. For trademarks, the only pathway to protection for an unregistered mark in China is by meeting the narrow definition of a “well-known trademark.” By contrast, even works created outside of...

Key Legal Considerations for Doing Business in China Foreign companies doing business in or even with China face a complex legal landscape. Navigating these regulations can be challenging, but it is crucial for ensuring compliance and avoiding legal trouble. This blog post provides an overview of key legal considerations for foreign companies operating in or...

Recently I spoke with some good friends in the finance space about the global economy, China, and debt capital. One is a vice president and underwriter at a US East Coast private equity firm. The other is the owner of an investment banking firm in the midwestern US. They are steeped in the finance world,...

On December 10, Argentina will be swearing in a new president, Javier Milei. As one would expect in the case of someone nicknamed El Loco, Milei leaves no one indifferent, and surely his every move once in office will be closely monitored. His China policies will be no exception. Shortly after his election – in...

China Software Licensing Registration Challenges As China becomes increasingly risky and complicated for direct entry and subsequent in-country operations, licensing is becoming increasingly common for many Western companies. This is especially true for software companies. However, China’s network of licensing and royalty regulations has stymied many seeking to license their software for Chinese...

China Business Dinner Etiquette as Though it Matters Ten years ago, I’d often get asked about Chinese business dinner etiquette. Back then, “everyone” was going to China, and many were terrified about messing up. I would try to calm their nerves by explaining how etiquette is less important in China than it is in Korea...

Introduction to NNN Agreements and Our Pioneering Role Our law firm was among the first to emphasize the importance of securing a China-centric NNN Agreement before sharing confidential information with Chinese manufacturers. We have consistently emphasized the value of NNN Agreements in the decades since. See, e.g., China NNN Agreements and China NNN Agreements Up...

You registered your trademark in China, meaning congratulations are in order for having taken this critical step to protect your intellectual property. Now, how do you leverage your trademark registration for maximum effect? Here are some tips: 1. Record Your Trademark with China Customs Recording your registered trademark with China Customs is an important safeguard...

China Distributor Relationships Make Sense, Especially Now My law firm’s China lawyers  have drafted more China product distribution agreements in the last three years than in the ten years prior. Foreign companies want to profit from China’s consumer and industrial markets, but they are wary of going into China (or remaining in China) in a...