Sorry for the strong title on this post, but a recent Department of Justice (DOJ) case and China’s recent relentless crackdown on corruption mandates it.
Just about every month I give a talk on how to protect IP from China and just about every speech I start off with something like the following.
Back in the mid-1990s, Jardine Fleming Securities (now part of JP Morgan Chase) came up with the Swoosh Index, which was its theory that once Nike selects a country for its newest factory site, economic growth, rising stock markets, and other foreign companies follow.
Yes, we are obsessed with this scam, but only because at least once a week someone contacts us who has fallen prey to it and we really do not like having to tell people that there is pretty much nothing we can do.
In recent years, China’s shale gas industry has attracted great interest from both domestic investors – state-owned or otherwise – and major offshore players, thanks to a broad range of initiatives and preferential policies promulgated by the central government with a view to encouraging investment.
On December 25, 2013, the National Health and Family Planning Commission of China (“National Health Commission”, former Ministry of Health) issued the amended Provisions Regarding the Establishment of Commercial Bribery Blacklist in the Pharmaceutical Purchase and Sales Industries (“Blacklist Provisions”), which came into effect on March 1, 2014.
If you import a product into the United States from China, the odds are good that your competitors can find out about it.
As China inexorably continues increasing its restrictions on hiring personnel via third party employment agencies (sometimes referred to as FESCO companies or as staffing agencies), our China lawyers are more and more often being tasked with helping our clients move their personnel from the third party hiring company to a newly formed (0r even existing) WFOE.
One of our China lawyers got an email the other day from an American company that just learned it is in trouble here in the United States (yes, I am being deliberately vague here) stemming from having imported and sold a whole slew of electronics products that are listed as UL certified, but are not.