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Apr12

Hire a China lawyer to draw up a contract or agreement

The ability of individuals, partnerships, corporations and other types of entities to enter into binding and legally enforceable contractual obligations is truly one of the cornerstones of a civilized society. Contract law has evolved into an immensely complex and intricate component of our modern legal system. Although many types of contracts can be handled in the routine course of business, as contracts increase in size, scope, value or complexity, the need for competent legal advice also increases in a concomitant fashion.

 
Apr11

Free sample non-disclosure agreement to use when doing business in China

A Non Disclosure Agreement is an agreement under which a party (the "Recipient") agrees not to disclose proprietary and confidential information ("Confidential Information") that it receives from another party (the "Owner"). When you plan to do business with Chinese partner, it's essential to enter into a non-disclosure agreement with the Chinese supplier and buyer. As a experienced China lawyer, I strongly recommend you to do so, in light of plenty of international business disputes arising from Chinese business bodies with foreigners and companies. This type of agreement may be useful in a variety of circumstances. For example, a company might choose to share information with a web marketing consultant for the purpose improving its on-line sales through its web site. In such a situation, the company would probably be sharing product and customer information with the marketing consultant and would want to protect this information from disclosure by the consultant to third parties.

 
Apr11

Free sample EMPLOYEE NON DISCLOSURE Agreement drawn up by China employment lawyer

The sole purpose of the Employee Nondisclosure Agreement is to make clear to an employee that he or she may not disclose your trade secrets without permission. Lawyers recommend that employers use such agreements prior to an employee starting work. If the agreement is with a current employee, we recommend that you give the employee something of value over and above normal salary and benefits.

 
Apr02

China divorce law: Marital assets division rules and regulations

Asset division during divorce is a major bone of contention. For a common citizen of China or a foreigner, it can be quite difficult to figure out how one's assets are to be classified and divided as per legal procedures. Some issues of concern would be whether the assets acquired during marital years would be divided equally or not. In such cases, one must research sufficiently to make sure that all assets are divided most justly during a divorce in China.

The above were just examples of few rules and regulations governing the laws of divorce in China. It is better to hire a divorce attorney in knowledge of the various rules and clauses. Divorce in China cases require several fulfillments of formalities and divorce settlement also takes time therefore; it is advised that hiring an attorney be done at the earliest.

 
Apr02

China divorce law and child custody rules

Child Custody Basics
If there are children involved in your divorce, the divorce courts will make child custody arrangements. Most states grant parents equal custody rights if it's in the best interest of the child.

With equal child custody rights, both parents have joint child custody, which may include both legal and physical custody. It's also possible for one parent to have sole physical child custody, while the noncustodial parent shares legal custody and gets generous child visitation rights.

 
Apr01

Tips and procedures to set up an office in China

Increasing number of American companies are setting up their own presence in China in order to source products or services directly from China or enter the Chinese market rather directly.

Nevertheless, given the foreign nature of complex local policies, regulations and overall business environment in China, it is so critical to be proactive and fully prepared before you take the strategic move to set up your company's own presence in China.  

 
Apr01

How to set up a representative office in China

After your first study visit to China, you may realize that doing business in China requires a local presence of your firm to facilitate business communications, or you may wish to further assess a better understanding of the size and potential of the China market before investing committed resources.

The next step is to consider setting a representative office, which is the fastest and the most economical way to competitively position your firm’s presence in China. But first of all, you need to understand if a representative office’s structure is the most appropriate for your firm’s China’s market entry strategy.

 
Mar27

What is the requirement of trademark cancellation in China

A registered trademark can potentially exist in perpetuity- assuming that your trademark mark is kept in proper order. Your registered trademark can become abandoned if you fail to make the proper filings before the China States Patent and Trademark Office (CSPTO). Furthermore, a registered trademark is subject to cancellation by third parties under certain conditions.

The two most common reasons for a trademark cancellation are non-use by the registrant and the mark becoming generic. Although a trademark can indeed exist forever, these trademark rights are subject to continued use in commerce. Substantial non-use in commerce provides the opportunity for third parties to file a cancellation before the CSPTO. The third party would need to properly detail the grounds for such non-use, and provide specific details that clearly show that you have not been using your mark. It is thus important to continue to use your registered trademark in commerce, and make the necessary filings before the CSPTO.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.