China’s reputation for its flagrant use of pirated software is well established throughout the world. According to a 2017 US News article, over 70 percent of computers in China run unlicensed versions of common software. This is the highest level of use of pirated software among large countries, with comparable rates for the U.S., Japan, […]

The courts in China are faced with an uphill battle in maintaining their independence at both an internal and external level. The Chinese judiciary’s close affiliation with the Party as well as the hierarchical nature of the court system has resulted in politicised decisions, and in turn, dilutes the court’s power to implement independent rulings. […]

Effective since 18 July 2017, the German government strengthens control on attempts to take over German companies by investors from outside the EU or EFTA by a respective amendment of the Foreign Trade Ordinance (“Außenwirtschaftsverordnung”). The Middle Kingdom’s long-standing history of heavy foreign investments control (FDI control) all the while promoting outbound investments could explain […]

Intellectual Property and Branding in China’s Business Climate A common question in Chinese intellectual property (IP) law posed by many foreign businesses and counsels when they first begin operation in the PRC is the extent to which Chinese characters and colors are protected under Chinese IP law.  English is almost universally accepted as the language […]

Investments and Business Ventures in China China’s infamous attempt at exercising control over its inbound foreign investments is embodied by the yearly issuance of the Catalogue for the Guidance of Foreign Investment Industries (the Catalogue). For many years, this Catalogue listed encouraged industries where foreign investments were encouraged along with a list of industries where […]

Trade Secrets in China The challenge is thus how a Chinese company can protect its trade secrets when an employee quits to either start a competing business of his or her own or to join a competitor without violating PRC law in the process As China continues to develop truly world-class e-commerce and other Internet […]

Employee and Labor Laws in China If you are a Chinese employer and have terminated an employee, it is highly likely the employer may seek redress through the courts in an effort to rescind their termination and be reinstated. Chinese employment law is extremely employee friendly and there are very limited circumstances under which an […]

ICP License and China Law The Internet has exploded in China, and some of the world’s leading e-commerce and other web-based business like Alibaba, WeChat and others have originated from the PRC.  However, the PRC does exercise stricter control over the Internet and websites than some foreign businesses might be used to. In order to […]

China Law And Protecting Trademarks China is a “first registration ” jurisdiction when it comes to trademark protection, meaning that the first individual or corporate entity to register a trademark will generally take priority over subsequent applicants. This can give significant leverage to a “squatter” who applies for a trademark in the name of a […]