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United States And China Law Blog

No discovery? Then business owners must maintain evidence

Most court proceedings in the U.S. involve the discovery procedure. Discovery occurs before the trial—or alternative dispute resolution process. It allows parties to obtain evidence that supports their claim by way of conducting interviews or requesting records from the other party. 

However, most courts in China do not include or require a process like discovery in their legal proceedings. Therefore, companies doing business in China must be proactive to prepare themselves if they face legal disputes overseas. 

Salesforce and Alibaba: A beneficial partnership for all?

The cloud is a new way for individuals to store anything from photos to music or documents. However, it also allows people to use streaming services such as Netflix or communicate with people across the globe through Microsoft OneDrive. It connects the world through the internet like never before.

This is the factor of modern cloud technology that also makes it a fundamental aspect of business nowadays. And companies looking to expand their business to China might benefit from a new partnership between two U.S. and Chinese cloud services. 

Whose interests does a translator represent during negotiations?

Sometimes in a business negotiation, it can feel like you and the other party are speaking a different language. You both have something the other wants, but getting to an agreement is challenging.

Negotiation can be even more difficult when you are trying to communicate with someone who lives on the other side of the world and speaks another language. A translator is helpful, but when you do not speak the other person’s language, it is hard to know the accuracy of the translation.

NDAs will not work in China: Consider NNNs instead

Business owners looking to start a business in China must understand how to protect their business interests. Namely, they must ensure they take the proper efforts to protect their intellectual property. 

Usually, most American business owners use non-disclosure agreements (NDAs) to keep their trade secrets or other intellectual property confidential. These agreements prevent any employees from using those trade secrets, even if they leave the company.

Protection of trade secrets in the United States and China

Trade secrets have long been one of the most often-overlooked facets of a business’s intellectual property portfolio. Many businesses believe that unless they have a “secret formula” like Coca-Cola’s, they don’t have any trade secrets. However, in most cases, the opposite is true. Almost every business possesses information that is more valuable because fewer people know it.

IP pledge financing, explained

The Chinese government announced a plan to increase protections for intellectual property rights this week, including more costly fines for violators. The state television report also touched on speeding up the patent application process and shortening trademark waiting time. In addition, the Chinese government will also reportedly begin promoting “IP pledge financing.”

How are established companies dealing with current events?

As a business owner, you know how important relationships are for the success of your company. You likely strive to develop a company culture that will attract those with whom you want to do business.

It can take years to develop trusting cross-cultural relationships. And while many established American companies continue operating successfully in China, you might wonder whether this is a good time to develop your business plan.

Starting a business in China: Where to begin

Once a business decides their next endeavor is the Chinese market, the next logical step is deciding how to do it. For some, the best course is to set up a separate business organization in China. Below, we outline the most common legal structures for foreign-invested business in China.

A closer look at the “Made in China 2025” plan

Made in China 2025 is a ten-year plan aimed at quickly updating China’s manufacturing base to more high-tech products. When it was introduced in 2015, it drew a lot of attention by global leaders – especially in the United States.

Trade tensions hurting sale of American products in China

A new study released this week found that, in light of trade tensions between the two countries, Chinese consumers are buying fewer products from the United States. The survey, released by London-based firm Brunswick, polled 1,000 American consumers and 1,000 from China to find out how the ongoing “trade war” was impacting buying habits.

Shi Yan grid lawyer
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