China Business Laws

Intellectual Property Protection in China

- Evalueserve

China is already a hub where key players from every industry have – or are likely to have in the near future – a strong presence. Unfortunately, China is also known as a place where unprotected technology is likely to be copied. If a company wants to manufacture – or sell – its products or services in China, it must protect its intellectual property in the country. Excellent knowledge of the Chinese patent system is necessary.

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Choosing the Right Forum for Business Disputes in China

- Dr. Lefan Gong, Zhonglun Law Firm

In cross border transactions, it is not uncommon for parties to struggle over the dispute resolution clause. However, these negotiations often miss the important points. Some counsels are inclined to select forums that are more familiar to themselves; others insist on choosing locations that appear “neutral” to all parties (i.e., Switzerland). In neither situation is counsel adequately considering the ultimate enforceability of rights, timing and convenience of the dispute resolution process.

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Five Legal Tactics to Reduce Employee Disputes in China

- Dr. Lefan Gong, Zhonglun Law Firm

This article provides foreign companies doing business in China with advice on how they can prepare themselves to be successful when facing wrongful termination claims from former employees in China. The new Labor Contract Law in China has made the dispute resolution environment fairly pro-employee, so it is important for companies to take multiple precautions to protect themselves in labor disputes.

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Starting With the Law in China

- Carson Block, China Primer
When considering establishing an operation in China, your first step should be researching the applicable legal framework. China’s economy is tightly-regulated – particularly with respect to foreign investment. Not infrequently, foreign investors find that because they are foreign investors, there are prohibitions or restrictions that apply to their industry that have a material impact on how they structure their plans for doing business in China. For this reason, you should find out what you may do before spending too many resources developing your business plan.

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The New PRC Employment Contract Law

- Armstrong Teasdale LLP

On June 29, 2007, after more than two years of drafting/deliberation and an unprecedented amount of public comment, China enacted the PRC Employment Contract Law (the “ECL”). The following article summarizes key provisions of the PRC Employment Contract Law, which became effective on January 1, 2008. The PRC Employment Contract Law has been controversial among employers in China because of its increased employee protections. It is critical for foreign investors to understand the ECL before entering into new contracts with Chinese employees.

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