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Most-Asked-About Legal Issues in China
Trademarks: Registration Infringement and Enforcement
- Trademark Registration: Essential to register trademarks in both English andChinese to prevent squatting and unauthorized use.
- Enforcement Challenges: Despitecomprehensive laws, enforcement can be inconsistent. Robust internal protocolsare crucial.
- Legal Support: Legal assistance ensures proper registration and helps navigate enforcement mechanisms.
International Business Disputes Resolution
- Arbitration Preference: Arbitration is often preferred due to the enforceability of arbitral awards under the New York Convention.
- Dispute Resolution Clauses: Properly drafted arbitration clauses are essential for effective dispute resolution.
- Legal Guidance: Expert legal advice helps navigate arbitration processes and enforce awards in China.
Contract Enforcement
- Dispute Resolution: Clear dispute resolution clauses in contracts specify methods and venues for resolving disputes.
- Enforcement Mechanisms: Chinese courts and arbitration institutions provide avenues for enforcing contracts.
- Legal Assistance: Legal support ensures contracts are enforceable and disputes are resolved effectively.
Closure and Liquidation of Foreign Subsidiaries
- Regulatory Compliance: Complying with Chinese regulations is essential for the orderly closure and liquidation of subsidiaries.
- Legal Processes: Involves legal processes to settle debts, terminate contracts, and distribute remaining assets.
- Legal Support: Expert legal advice ensures compliance and smooth closure of business operations
White-Collar Crimes (Corporate Crimes)
- Compliance Programs: Implementing robust compliance programs helps prevent corporate crimes such as fraud and embezzlement.
- Legal Consequences: Violations can result in severe penalties, including fines and imprisonment.
- Legal Assistance: Legal support aids in the prevention, investigation, and defense against allegations of corporate crimes.
Handling Labour Disputes and Employment-related Litigation
- Labour Laws: Understanding and complying with Chinese labourlaws is crucialto avoid disputes.
- Dispute Resolution: Effective dispute resolution mechanisms, including mediation andlitigation, are essential for resolving conflicts.
- Legal Support: Legal advice ensures compliance with labour laws and fair resolution of disputes.
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China
Daniel Li
23 Years as Lawyer in China (mainland)
Subject Expertise
Foreign Direct Investment
,
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Capital Markets & Securities
,
Commercial Contracts
,
China
Hong Zheng
17 Years as Lawyer in China (mainland)
Subject Expertise
Other
,
China
Haiping Deng
16 Years as Lawyer in China (mainland)
Subject Expertise
Corporate
,
Commercial Contracts
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Private Equity / Venture Capital (PE/VC)
,
China
Sylvia Zhang
15 years as translator
15 years as lawyer
Subject Expertise
Corporate
,
Commercial Contracts
,
Dispute Resolution
,
Employment
,
Foreign Direct Investment
,
China
Hongli Sun
13 Years as Lawyer in China (mainland)
Subject Expertise
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Leo Chen
13 Years as Lawyer in China (mainland)
Subject Expertise
Banking
,
Corporate
,
Capital Markets & Securities
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Eddie Zeng
13 Years as Legal Translator
Subject Expertise
Corporate
,
Commercial Contracts
,
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Foreign Direct Investment
,
China
Joseph Xue
10 Years as Lawyer in China (mainland)
Subject Expertise
Mergers and Acquisitions
,
Corporate
,
Private Equity / Venture Capital (PE/VC)
,
Foreign Direct Investment
,
Commercial Contracts
,
China
Wendy Zheng
8 Years as Lawyer in China (mainland)
Subject Expertise
Corporate
,
Employment
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Banking
,
China
Li Luo
6 Years as Lawyer in China (mainland)
6 Years as Legal Translator
Subject Expertise
Corporate
,
Commercial Contracts
,
Employment
,
Mergers and Acquisitions
,
Foreign Direct Investment
,
The Most Overlooked Risks When Exporting to China (2024 Update)
Exporting to China offers immense opportunities but comes with unique risks, especially for SMEs. This guide outlines 8 common risks, including issues with contracts, trademarks, financial stability, and regulatory compliance, and offers actionable strategies to mitigate them.
Written on:
November 28, 2024
Navigating Indonesia’s New E-Commerce Regulations
Indonesia’s Ministry of Trade has recently introduced new e-commerce regulations under MoT Regulation No. 31/2023 (“MOTR 31/2023”). This was meant to replace MOT Regulation No. 50/2020 (“MOTR 50/2020”). The spirit of these new rules is to protect local small and medium-sized enterprises in Indonesia, as the government views that foreign e-commerce merchants will adversely impact...
Written on:
October 10, 2024