Retail Alternative: How to Establish a Franchise in China

1.           Introduction Franchising is a popular business model used extensively in China as well as the rest of the world by many international retailers and brands to achieve business success. This article explores how to establish a franchise in China while...

In Practice: New Rules for Expatriate Work Permits

In late 2016, China introduced a new classification system for expats that want to work in China. The system categorizes foreign applicants into three categories (A, B and C), and established a point system with points awarded for various qualifications including age,...

New Hope in the Battle against Trademark Squatters in China

China has become a huge market for international consumer goods. Many larger international brands have established their own brick and mortar retail outlets, but even more foreign companies are trying to reach Chinese consumers through the Internet. After all, China’s...

Who is Mr. Ma?

Note: All names, places, companies, newspapers, and relevant financial figures have been modified for this article. No reference is made to a real transaction, occurrence, or case, and this article is for educational purposes only. The following should not be taken as...

Legal challenges to online and offline retail in China

[This article (here) was written for and first published by the Journal of European Union Chamber of Commerce in China]  China’s huge consumer market is now attracting more and more foreign companies to take control of their distribution and manage their own retail...

Compliance in China for Foreign Businesses

Compliance is China's latest Hot Topic. Until recently, many Western managers accepted that some flexibility on legal issues was needed to thrive in the complex Chinese legal environment. Practices to strengthen relationships such as luxurious dinners and karaoke...

Application of New Trademark Law in Transition Period

The new PRC Trademark Law came into force on 1 May 2014. In order to avoid ambiguity and prevent disputes during the transition the transition from the old to the new system, the State Administration for Industry and Commerce of the People’s Republic of China (“SAIC”)...

Registered Capital Focus of Amendments to PRC Company Law

A legal development announced for 2014 will have a huge impact on how foreign investors plan their investment in China. The amended of the PRC Company Law, approved by China's top legislative organ on 28 December 2013 and to become effective on 1 March 2014, radically...

Overseas Employment in China: New Rules on Secondment

Over the past few years, Chinese tax authorities have been focusing increasingly on secondment (also referred to as dispatchment) arrangements of foreign companies in China. Under a secondment arrangement a foreign company assigns a foreign manager to its Chinese...

SPC Orders Courts to Publish Judgments Online

China's is a civil law system, and one important consequence is that decisions made by one Chinese court are not binding on other Chinese courts. Nonetheless, precedent can be a strong factor when arguing cases, especially so in a society where courts want to avoid...

Managing New Risks: Time to Revise Arbitration Clauses

This article was first published in Corporate LiveWire on July 26, 2013 For many foreign companies and their Chinese subsidiaries dealing with Chinese counterparts, arbitration is the preferred choice to resolve disputes. Perhaps the single most important reason for...