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China Law and Its Development

China Intellectual Property Licensing

It is imperative to retain our China IP lawyer's service when you are licensing your intellectual property in china. As experienced China lawyer, we are expert in intellectual property licensing. We have Shanghai IP lawyer, Beijing IP lawyer, Guangzhou IP lawyer, Nanjing IP lawyer and Suzhou IP lawyer for your service.

Intellectual Property Licensing

Intellectual property, such as copyrights, trademarks, and patents require written intellectual property licensing agreements. A licensing agreement or license is a contractual right that gives someone permission to engage in a defined activity or to use certain property, including intellectual property, that is owned by someone else. These intellectual property law regulations are essential to enforcing the owner's rights in intellectual property.

If you are a copyright, trademark, or patent owner and someone wants to use, for example, your artwork, trademarked slogan, or patented invention, you may benefit from the services of a licensing attorney. Licensing attorneys write contracts that protect your intellectual property rights. These agreements specify how someone may use your property and how much you will be paid for such use. For example, can they use it for one year or ten years? Can they use it only in Illinois or can they use it around the world? Can they share your property with others? A licensing lawyer can help you answer all of these questions. They can also specify the recourse available to you if someone violates the licensing agreement. Licensing attorneys know the words to use that will best protect your intellectual property.

 

China Legal Counsel, China General Counsel

We have a special program to serve as China Legal Counsel or China General Counsel for foreign invested firms in China. As experienced China lawyer, we will make sure your China law compliance and avoid legal risk wherever possible. We also have Shanghai lawyer, Beijing lawyer, Nanjing lawyer, Guangzhou lawyer, Nanjing lawyer and Guangzhou lawyer ready for your service.

Small businesses may benefit from outside General Counsel services such as legal assistance with business contracts, employee matters, and regular day-to-day concerns of the operation by an experienced China business attorney who is familiar with the business as a whole, the future plans for that business, and who has a consistent working relationship with the entity and the principle players.

1. Employee Agreements- The careful drafting of key employee agreements and Independent contractor agreements in the beginning can save the employer numerous problems later on by detailing specific duties, payments, pay dates, and dispute resolution procedures from the onset of the relationship. Other matters, such as non-compete provisions, nondisclosures, milestone expectations, and the protection of company Trade Secrets, can also be explained and detailed in a carefully drafted employee agreement.

2. Employee Handbooks- There are two schools of thought concerning Employee Handbooks. In one camp, there are people who believe that not having an Employee Handbook is desirable because the company does not have to worry about being sued for violating its own employee policies. The other camp believes that a carefully drafted Employee Handbook is crucial to the success of the company through the subsequent reduction in misunderstandings about employer and employee expectations, and company policies, procedures, and governing rules, leading to greater retention of employees and reducing turn-over costs for the organization.

 

China Software Licensing Lawyer

Our China software licensing lawyer knows that most people tend to “skip over” those software licensing screens in order to move quickly to the installation of a program. We also have Beijing licensing lawyer, Shanghai licensing lawyer, Tianjin licensing lawyer and Suzhou licensing lawyer for your service.

This is not a good idea, as most have restrictions on just what can be done with the software. When there are any concerns or questions about the legal use of software, a China software licensing attorney can make certain that everything is being done correctly.

For clients who are developing their own software license agreements, it is essential that a knowledgeable China software licensing lawyer assist in the process, as you want to make certain that the product is evaluated thoroughly and that all documents are properly prepared. At this China IP law firm we have extensive experience and knowledge in drafting consolidated, stand-alone and hosted agreements. Our China software licensing attorneys realize that software licensing encompasses a vast array of agreements from designer and shrink-wrap agreements to VAR (value-added reseller) and source code licensing and escrow agreements. A skilled China software licensing attorney with in-depth knowledge pertaining to software licensing is able to not only look out for intellectual property implications, but help your business identify and negotiate the conditions and terms of software licensing agreements.

 

China Franchise Law, China Franchise Lawyer

Our China franchise lawyer summarized the main points of China franchise law. We have Shanghai franchise lawyer, Beijing franchise lawyer, Chongqing franchise lawyer and Tianjin franchise lawyer ready for your consultation. We also attached a full text of China Franchise law for your reference.

Implementation

The latest version of China's franchise law came into effect in 2005, as part of China's World Trade Organization (WTO) treaties. It eliminated the "two plus one" rule, which stipulated that a company must have at least two branches operating in China for at least one year before becoming a franchiser. This created a boundary to investment for many would-be entrepreneurs.

Regulation

Chinese law stipulates that both the franchiser and the franchisee are legal entities. Signed agreements between franchisers and franchisees must include quality and standards requirements, arrangements for franchise fees, and liability agreements in case of disputes. The franchiser must also be a mature business that is able to provide guidance, training and technical support to the franchisee.

Foreign Franchises

There are two types of foreign franchises that exist in China. The first is a Foreign Invested Enterprise (FIE), when an investor incorporates a new business in China and then acts as a sub-franchiser. The second type is a direct contractual relationship, in which the foreign enterprise is established outside of China but instead operates a local network of franchisees.

Regulations for the Administration of Commercial Franchising Operations

Order of the State Council of the People’s Republic of China-1
The 485th Order

The Regulations for the Administration of Commercial Franchising Operations, which was adopted at the 167th executive meeting of the State Council on January 31, 2007, are hereby promulgated and shall come into force as of May 1, 2007.

Premier Wen Jiabao

 

Beijing Employment lawyer, Beijing Labor Lawyer

On one level, the outcome of an employment lawsuit related to discrimination, civil rights, sexual harassment or similar issues is very political because it deals with the natural power disparities that exist between employers and employees. On a human level, the outcome means a great deal more. As Beijing employment lawyer, we serve both foreign nationals and foreign invested companies in Beijing. Our Beijing labor lawyer frequently represent our clients at trial court and appeal court in China.

Our employment law lawyers work on both.

Our Beijing employment lawyer is a nationally recognized leader in the area of employment law. Over the last two decades, we have established ourselves among as one of the leading alternative dispute resolution and litigation firms in the Beijing area.

Employment Law Lawyers

Our Beijing employment lawyer's commitment to the principles of justice in the workplace has led to precedent-setting decisions by many courts, a number of highly publicized verdicts and settlements, and even new legislation in Nassau County regarding discrimination based on sexual orientation. And while we are proud of these accomplishments, our most important accomplishments come on behalf of the individual clients themselves.

 
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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.