CS Alerts

November 2014 Despite a robust intellectual property rights legal framework in China, businesses often face infringement of their intellectual property, and by increasingly sophisticated infringers. This alert sets out an established approach with which to systematically and efficiently counter trademark infringement in China. Key Channels to Counter Infringement The below table illustrates various channels available […]

September 2014 Foreign investors in China may enjoy more discretion than previously in determining the amount, form, and schedule of their registered capital (“RC”) contributions into their China-based subsidiaries. Overview of changes Statutory requirements regarding the RC of foreign invested enterprises (“FIEs”) have been significantly revised, as confirmed by a notice (the “Notice”) issued by […]

July 2014 The third amendment to the People’s Republic of China (the “PRC”) Trademark Law (the “Amendment”) and corresponding implementing regulations came into effect 1 May 2014 and introduce a variety of effects to streamline trademark filing procedures, deter trademark hijacking, and widen the scope of trademark use in the PRC. This CS Alert outlines […]

December 2013 Winding down your China-based subsidiary requires thorough preparation for, and execution of, a very particular sequence, with significant involvement from various third party actors. This CS Alert outlines key steps to liquidate your China wholly foreign owned subsidiary. Why Liquidate? Liquidation is the process by which investors terminate a company, use the company’s […]

August 2013 Companies established in different countries share many common characteristics; nevertheless, every jurisdiction has concepts that carry unique meaning. This CS alert explores the role of the business scope, registered capital, legal representative, and company seals in the China context; these concepts should be understood by any China-focused investor or manager. Business Scope A […]

May 2013 There are several structures through which foreign entities can establish a business platform in China. Common structures include the representative office (“RO”), the wholly foreign-owned enterprise (the “WFOE”) and the joint venture (“JV”). Other structures include foreign invested partnerships, holding companies, and regional headquarters. The ideal structure for investment depends on an investor’s […]

March 2013 Stories of foreign investors in China falling victim to strategic rent-seekers are not uncommon, and often arise because the investors did not adequately employ corporate controls, thereby creating a lax environment that escalated into chaos. With proper understanding, preparation, and maintenance, foreign investors in China can establish a robust and healthy corporate control […]

December 2012 Importing into China requires familiarity with relevant procedures, certifications, and regulations, as well as corresponding challenges. This is all the more crucial when importing food products, which are highly regulated. This CS alert discusses key steps to import food products into China, as well as strategic considerations for food exporters or producers. Overview […]

October 2012 A well-designed and enforceable contract increases the likelihood of a successful commercial exchange in China. As in any economy, China’s legal, regulatory, and commercial environment carries unique characteristics that can translate into significant risks for those unaware. A contract can become a platform from which to mitigate risk and establish and maintain a […]

August 2012 The employment contract is the center of China’s employment system and is the basis for establishing an employment relationship between an employer and employee, and for setting out respective rights, responsibilities, and duties. In this Alert we discuss various contract-related matters that an organization engaging employees in China must consider in order to achieve […]