Southern Perspective Shenzhen

You remember when your high school teacher gave this advice to help form a thesis for your paper at the end of the year? It does not make for mind breaking commentary on subjects but it does help you form a complete idea and get your point across.
I think this  method is great when working [...]

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I remember when I first came to China and I was amazed by the Luohu train station in Shenzhen. It is was (and still is ) a Mecca for copy brand products. Anything that has brand visibility, is copied and sold. Those of you that had been here know this to be true. It is [...]

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Last year a friend of mine came to me with a project for an American company that was trying to get a business loan from a major bank here in China.
I asked some banking lawyers in Hong Kong what they thought the client’s chances for obtaining a loan in China were and they all agreed [...]

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In the case below we can see a direct application of good faith, bad faith principles and how the court uses them. This case includes trademark infringement and a famous brand of dumplings, Gou Bu Li. （狗不理）
I will run over the basic facts of the case. There are two companies that use the same characters, [...]

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Last week I talked about good faith. This principal is not unknown in other law systems. I would like to give you idea what good faith or bad faith means. The way I see good faith is — honest intent and non malicious conduct and bad faith would be the opposite. When you make an [...]

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This is another post that was first posted on the Silk Road International Blog
Third party contracts cover a side variety of topics that concern people doing business in China. These types of contracts involve;
• Contracts of carriage, a contract where you (A) have a shipping company (B) deliver goods to a client (C).
• Some types [...]

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This post originally appeared on two other blogs;
http://silkroadintl.net/blog/2009/03/12/voidable-contracts/
and here
http://www.chinasuccessstories.com/2009/04/30/voiding-contract-situations/
There are, unfortunately, times when contracts, for whatever reason, need to be voided.  The problem is, when can contacts legally be voided?  There are specific circumstances when this indeed can be done.  But to make it work, you have to meet specific legal criteria.
The key to understanding [...]

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A man working for a pharmaceutical company signed a three year contract and non-compete clause. After two years, he decides to leave and the company believes he has breached his non-compete clause. The company then goes on to sue the employee for 300,000 yuan, claiming he breached his non-compete clause.
Problem:
The non-compete clause they drafted up [...]

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Firing someone on the spot？ Feels good right? Here is another interesting case highlighting these questions:
- When do you have a right to fire someone?
- What is the proto-call in this case?
August 1st, 2008, a Shanghai neighborhood security guard was fired in the afternoon after disagreeing with his company to be transferred to another district [...]

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Last week I posted a small article to emphasize the importance of Labor contracts and conditions. Whether you are an employer or employee, it is important to understand how to protect your interests. This week I will post a series of labor cases to show how they came out and where people went wrong. Here [...]

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