Many foreign IP owners doing business in or with China do not believe the Chinese court system works. They or their foreign lawyers therefore tend to choose foreign law and jurisdiction in their contracts. When this results in contracts that are unenforceable against a Chinese party, everyone blames the Chinese. The prophesy about the lack
Over the past few days, reports have emerged of a proposal to open China’s market to foreign streaming services. According to Tech Node, Beijing News reported that China would “allow foreign firms to provide … streaming services … by the end of the year”. This would be
The pace of change is so rapid that it’s always hard to keep up with developments in China. What made sense last month often makes no sense this month. Here’s my attempt to make sense of what’s going on in video streaming right now.
As recently as four or five years ago
China’s film and TV regulator, NATR, just published a discussion draft of the Provisions on Administration of Import and Broadcasting of Overseas Audio-Visual Programs. The provisions apply to “overseas” films, TV programs, animation and documentaries. “NATR” is the National Administration of TV and Radio, the result of a recent restructuring of SAPPRFT, the State
Online gaming in China is subject to the same overall regulatory framework that applies to software as a service (SaaS) in China.
The regulatory framework comprises no less than a dozen key components that have developed over the past twenty years or so. The development
I spoke in Beijing last week at a conference on legal protection of sports broadcasts, organized by the National Copyright Administration of China (NCAC) and the United States Patent and Trademark Office. Other speakers included Chinese judges, Chinese and American lawyers and academics, sports league and broadcaster general counsel, and American and European IP officials.
China’s long-awaited Film Promotion Law was enacted by the Standing Committee of the PRC National People’s Congress on November 7, 2016 and is set to take effect on March 1, 2017. We last wrote about the Film Promotion Law when China’s National People’s Congress issued a draft for public comment in November 2015. The newly
In the early 1980s the US Air Force commissioned Lucian Pye, an eminent sinologist, to write a report on how Chinese negotiate with foreigners. Published in 1982, it was called Chinese Commercial Negotiating Style.
A friend of mine recommended Pye’s work to me recently, saying he wished he had read it twenty years
This is the second in a series of posts about problems encountered when attempting to get paid by a Chinese company. In Chinese Company Won’t Wire You Money. Have the Rules Changed? I looked briefly at the underlying framework of rules applying to foreign conversions and remittances. In this post I consider tax-related issues that
Our China lawyers have seen a spike in queries from foreign companies encountering problems getting paid by Chinese companies. I’m talking mostly about private Chinese companies without affiliates or assets abroad.
An excuse commonly offered to the foreigner by the Chinese company is that the rules have recently changed so foreign payments are no longer