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China Law Blog

China Law Blog
China Law for Business. Legal aspects of doing business in China.
Articles: 1, 2, 3, 4, 5, 6, 7

Articles

Protecting Your China IP. Me Thinks Thou Dost Worry Too Much.
2012-05-31 05:52:00
Okay, so the title is a bit of an exaggeration, but it is true, at least to a certain extent.  I just read two articles that got me to thinking about this. The first article, “The footwear firm that gave counterfeiters the boot,” is by BBC reporter Kim Gittleson. Ms Gittleson extensively interviewed me for the article, but I ended up getting two small quote lines.  One had me repeating my usual mantra on how if you do not register your IP in China, you are not entitled to complain when it gets taken from you in China: Dan Harris, an international lawyer with Harris & Moore and author of the popular China Law Blog, says that while American companies have got smarter about protecting their products, there is still one golden rule. “The key is if you don’t register you’re intellectual property – your trademark, your copyright, your patent – you have pretty much no chance,” says Harris. For more on the need to register your IP in Chi...
Doing Business In China By Starting A Business In China. The Legal Basics.
2012-05-29 14:53:00
One of the most common calls my law firm receives is the one from someone saying that they want to “start a business in China.” The first thing we do with that sort of caller is to seek to ascertain whether a China business is actually necessary.  Forming and then operating a business entity in China is not fast, is not easy, and is not cheap. I usually convey this by asking the caller if they find it easy running a business in the United States (or Europe), what with having to figure out and pay taxes, rent, wages, vendors, etc.  I then point out that having a business in China means they will have to do the same thing over there. So whenever possible, we seek to determine whether there is some way the caller can conduct business with China, achieve its goals with respect to what it is seeking to do with China, while not having a business in China at all.  For potential alternatives to forming a China business, check out the following: Getting Your Product Into Chin...
Providing Service To Chinese Companies. Get Paid Upfront Or Don’t Bother.
2012-05-27 13:48:00
By: Steven M. Dickinson U.S. consulting companies are increasingly selling their services in China.  This is part of the general trend towards sales into China that we have noted.  In confirmation of this trend, we have recently worked with several U.S. based consultants in selling their services into China. The approach taken by U.S. consultants is consistently naïve and almost guarantees problems in China. The most important issue in selling services to Chinese clients is how to get paid. The payment issue with service providers is far more complicated than with those who sell goods. Service providers must therefore focus carefully on the payment issue.  In drafting service contracts for service providers that will be providing services to Chinese companies, we typically put in provisions that mandate the following: 1. Payment must be received by the service provider before it begins work. It is not required that 100% of the fee be received in advance, but a substantial paymen...
More About: Companies , Paid
China Service And One Tiny Tiny Hotel Comment. Meaning Versus Nothingness.
2012-05-25 19:42:00
This blog has been around for more than six years and during that time we have picked up a number of regular e-mailers. Some of these are people who, for whatever reason, refuse to comment on the blog, even anonymously, preferring to leave their “comments” via email.  Then there are the people who have a regular agenda/theme. There is the person who for years has sent me emails “proving” China ’s economy is a bubble that will inevitably pop.  There is the person who thinks China is amoral and that will eventually cause it to rot from inside. This person is constantly sending me emails showing how “bad” the Chinese people are.  On the rare occasions when I respond, I usually do so by pointing out something similar that just happened in the United States. Or I sometimes just say that one can certainly expect a lot of bad apples in a batch of 1.5 billion of them.  I have always thought this person keeps emailing in the hopes that we will eve...
More About: Hotel , Service , Tiny , Meaning
China Film: “There Will Be Culture”
2012-05-25 03:03:00
By: Rogier Creemers The following is a guest post by Rogier Creemers. Rogier is a post-doctoral Research Officer in Oxford University’s Programme in Comparative Media Law and Policy.  Rogier “wrote his Ph.D. thesis on the relationship between media piracy in China , intellectual property law and media regulation, and globalization. His main research interests include the nexus between media policy and political change in China, with a particular focus on the processes of cooptation and confrontation between the vested regime and potential challengers.”  We thought Rogier’s expert take on China’s attempts to export its culture through film would make for an interesting post. So without further ado, here’s Rogier’s post: Amidst the flurry of cultural policy documents being flung at us since last autumn’s Communist Party plenum, a new export guidance catalogue for cultural products and services was published in the beginning of February. Li...
More About: Film
Will Chinese Companies Ever Be “International?”
2012-05-23 16:32:00
This question has frequently been posed to me by two ethnic Chinese friends of mine who work/worked for massive “international” Chinese companies and one American friend who works/worked at a massive “international” Chinese company.  All three of these friends have lived in the United States for around twenty years and three of them are eminently capable businesspeople who could easily get high level jobs at American companies or have already done so. All three are completely fluent in both Chinese and in English and all three of them have excellent understandings of the business cultures of both the United States and China.  All three joined large Chinese companies to assist those companies in conquering the American market. The three companies for which these three worked are amazingly different in terms of their products/services. My conversations with these three people have been completely independent in that the other two were not present.  To better...
More About: Companies
Financing China Movie Co-Productions. Australian Producer Offsets Can Work.
2012-05-21 19:57:00
By: Mathew Alderson In my previous post, Aussiewood Film Finance And China Co-Productions. Ever The Twain Shall Meet?  I explained how a cash rebate equivalent to 40% of feature film production costs is available from the Australian government for films with “significant Australian content” if the producer incurred “qualifying Australian production expenditure” when making the film. This rebate is known as the “Australian producer offset.” In this post, I explain how “official” co-productions between Australia and China, and between Australia and certain other nations, are exempt from some of these requirements, making it easier to access this offset. But first, what is an “official” co-production? For purposes of the Australian producer offset, an official co-production is one made under formal arrangements between Australia and the governments of various countries. These formal arrangements are treaties or memoranda of u...
More About: Movie , Financing , Work
A List Of Chinese Manufacturers To Avoid And Why I Would (Sorta) Avoid The
2012-05-20 17:38:00
So I got an email from a client the other day, sending me a link to a blogpost, which in turn linked over to a “blacklist” (a word I hate and never use) of Chinese manufacturers. The client wanted to know what I thought of “such things.”  Never one to miss a blogging opportunity, I told him I’d get back to him via the blog, so here goes. The blog post is by the Enter The Panda Blog (ETP), it is entitled “The Blacklist” and it touts its “blacklist” as follows: After years of sourcing, recording, researching and reporting, ETP has an extensive list of companies that we have identified to have been involved in and partaken in scamming their customers or mishandling their orders. We have a database of over 3500 companies worldwide reported for fraudulent, scamming behaviour and mishandling of orders. To ensure that they are not trying to contact you or are already doing business with you, simply contact us here and we can check it o...
More About: Manufacturers , List
Using Customs To Protect Your Brand From China Counterfeits
2012-05-18 12:48:00
By: Rachel Buker I just returned from the INTA conference in Washington DC, a gathering of nearly 10,000 intellectual property professionals from around the world.  A number of speakers at the conference emphasized how using customs to seize counterfeit goods can be a very powerful tool for protecting brand-owners from counterfeit goods. The European Court of Justice recently set limitations on the ability of European Union (EU) customs agents to seize counterfeit and pirated goods.  The decision pertained to two joined cases—one case involved a shipment of electric shavers coming from China (with an unknown destination) that allegedly infringed on the design protection of a Philips product.  The other was a shipment of Nokia phones from Hong Kong bound for Columbia.  When Nokia applied for seizure of the phones, the request was denied because the goods were not bound for the EU market, and thus could not be considered counterfeit under EU regulations.   Nokia then brought ...
More About: Brand
China/Myanmar Are Incredibly Risky And Difficult. So Run, Don’t Walk To B
2012-05-17 12:48:00
During my recent Los Angeles trip, I met with the person tasked with taking his company’s service business into China .  For about an hour we two talked of pretty much nothing but the difficulties he and his company would face.  Being the lawyer that I am, I am not sure I talked of anything other than problems and risks. Finally, the putative China head remarked, “I know, everybody is telling us we are crazy for even trying to do business in China.”  I replied, “Wait a second.  I never for a moment told you not to go into China. In fact, I am of the view that you have to go into China. Within about five years, businesses like yours will be making a fortune in China and if you don’t go now, you will have almost no chance of being one of them.” I then told him of my disappointment with American wineries.  More than five years ago, at least a handful of good-sized wineries came to us with plans for going into China, but all of them backed out whe...
More About: Myanmar
Selling Your Product Into China. What You Need To Know.
2012-05-16 16:30:00
ABC News is pushing (I received two different emails from ABC on it) a Diane Sawyer/ABC News clip entitled, “‘Made in America’ Product s Selling in China .” Though it is the proverbial 3.28 minute puff piece, it is right on the big picture. There are huge opportunities to sell American product and American products are viewed very highly in China. It starts out noting how “the Chinese spent $104 billion in U.S. exports in the last year — up 542 percent from 10 years ago.”  For more on how China has been greatly increasing its purchases of American goods, check out Selling Into China: The New Wave.  The clip then highlights a number of large and small U.S. businesses that are either trying to sell into China or have succeeded in doing so. Everyone is happy, everyone is at least a little bit jingoistic, and everything looks as easy as simply putting your product on the net and waiting for the hordes of Chinese consumers to come to you. Of cour...
Aussiewood Film Finance And China Co-Productions. Ever The Twain Shall Mee
2012-05-16 00:34:00
By:  Mathew Alderson During the Beijing International Film Festival last month, several Hollywood executives and film producers expressed interest in the Australian producer offset and asked me whether their films might qualify for it. Though these sorts of inquiries tend to arise in connection with official Chinese co-productions, they also come up in connection with Hollywood projects with no immediate China connection. In this post I will look at the Australian producer offset generally. There are significant exceptions to the rules in the case of an official Chinese co-production so I will look at the producer offset from the standpoint of an official Chinese co-production in a subsequent post. Under the Australian producer offset, 40% of the production costs of certain feature films can be recovered by the producer, in cash, from the Australian Taxation Office. The producer offset is claimed in the production company’s annual tax return filed in Australia for the year in...
More About: Finance
News Corp Buys Into Bona Film Group And Gets What? The Disclusure Statement
2012-05-14 22:09:00
Just back from Los Angeles, where I met with countless people in the movie industry and discussed with nearly all of them how Chinese entertainment companies are and will be buying into Western entertainment companies, and vice-versa. In just the past week, we are hearing of Wanda (China) looking to buy into AMC Entertainment (U.S.) and News Corporation (Rupert Murdoch’s company) having just announced that it will be buying approximately 20% of Bona Film Group, a China-based movie distributor and producer. And that is where things get complicated. As soon as I heard about the Bona film deal, my legal cap went on and I wondered it would be accomplishing that when, technically, foreign companies generally are not allowed to own a piece of a Chinese company, which would be even more true (if it needed to be) of a company in a sensitive industry like the China film business.  So I did a quick Google search that immediately confirmed my suspicions. Bona Film Group is not technical...
More About: News Corp
China Luxury Spending Seminar. New York City On May 16, 2012.
2012-05-13 06:12:00
Just got back from Los Angeles, where I met with long-time China hands, Sage Brennan and Renee Hartmann.  Since returning to the United States, Sage and Renee have formed China Luxury Advisors, a consultancy focused on helping luxury goods companies market to Chinese consumers both within and outside China. These days its difficult to find any consumer brand that is not at least considering the potential to sell to Chinese consumers — whether by entering the China market or by targeting the hordes of wealthy Chinese shopping and traveling overseas. In the luxury industry, interest is even stronger. One need only walk down 5th Avenue or Rodeo Drive (or Beverly Drive, for that matter, which is where I met Sage and Renee for coffee) to notice huge numbers of Chinese shoppers and Mandarin speaking sales associates in the boutiques to greet them.  Since Sage and Renee tell me that more than 50% of Chinese luxury purchases are being made abroad, these shops are getting it right. B...
More About: New York , York , New York City
How To Save Face In China. The Book.
2012-05-11 19:45:00
Unless you have a perfect mastery of Chinese language, symbolism, and social nuances (and who even has that of their own country, anyway?), consider picking up a copy of Anne-Laure Monfret’s Saving Face in China , a practical book aimed at aiding you in making a decent impression on your Chinese business contacts. Monfret is a French management and HR specialist who spent eight years in China. Her book addresses the trickiest areas of Chinese culture through thoughtful explanations and first-hand stories.  As she illustrates, it takes a whole lot more than common courtesy to navigate Chinese business meals, deals, and conflicts, all of which are fraught with complex hierarchies and expectations.  Alternating between big-picture concepts (e.g., western versus Chinese notions of “efficiency”) and concrete do’s and don’ts (do give a nice bottle of cognac as a gift, but never, ever give a clock), the book is a crash course in avoiding major social gaffes. Monfret concedes (an...
More About: Book , Save
Doing Business In China. AmCham Survey Says It’s Not Such A Bad Thing.
2012-05-09 05:27:00
Finally getting around to reading AmCham’s 2012 China Business Climate Survey Report and the news/numbers are actually pretty good.  The numbers are not as good as last year’s, but considering the overall global economic situation, they are still quite good.  Some highlights: 92% of respondents forecast that their China 2012 revenues will either stay the same or surpass their 2011 revenues.  76% forecast they will increase. 39% report that their operating margins in China exceed their worldwide margins and an additional 29% report that they are “comparable.” 66% report that their primary goals and strategies for China are to “produce goods or services in China for the China market.”  This number is up 8% from 2010. 63% of those respondents who brought an IP infringement action in a Chinese court were “satisfied” or “very satisfied” with “the level of cooperation from the Chinese courts.” This number strikes...
More About: Doing business
The FCPA And China. Two BIG Myths.
2012-05-07 16:05:00
In just the last few weeks I have become aware of two potentially harmful myths regarding the United States’ Foreign Corrupt Practices Act (FCPA).  The first myth relates to who makes the payments and it was set out my someone who I greatly respect for his deep knowledge and experience with China business: Dan, when I was in Beijing last week, a Chinese employee of a US company suggested to me that there are easy ways around the FCPA, including hiring a third party to do the “dirty work” that US companies aren’t allowed to do. I was shocked to hear that such a massive loophole may have been left in US law. As far as you know, is this really possible? Have you ever heard of such a maneuver being used in practice? If so, is anyone in DC even aware of the gaping hole left in this law? (Feel free to quote my question anonymously if this topic is worthy of a blog post!).  I think the implications of this are pretty serious. Chinese, in general, tend to view the ...
More About: Myths
How To Get A US Visa For Someone From China
2012-05-07 06:49:00
  One of our clients recently asked for our help “making sure” it could get a U.S. visa for one of its China -based Chinese managers. The client wanted this manager to come to the United States for two months of training. Our client had heard from a friend in a similar situation that it was “getting near impossible” to get a visa for people from China “unless you do absolutely everything right.”  We have heard that the US Immigration Service pretty much assumes that the papers for everyone from China are fraudulent, and then puts the burden on them to prove otherwise.  To put it another way, it is tough — but not impossible — for Chinese nationals to get into the United States. So how do you increase the chances? Back in 2006, The Going Global Blog did a post on getting a U.S. visa for business purposes, entitled, “What Do You Have to Do to Get a Visa Around Here?“  Near as we can tell not much has changed since then.  The ...
Litigation And Arbitration In China. No Surrender. Ever.
2012-05-06 06:05:00
My firm has been gearing up for a couple of CIETAC commercial arbitrations against Chinese companies and one thing we can state with near certainty is that neither will settle. The reason for this is Chinese companies virtually never settle their in-country litigation matters. In the United States, something on the order of 97% of all cases in the United States settle or are otherwise resolved before trial.  I actually think the settlement numbers are even higher on business litigation matters, but I am not aware of any study on this.  Nearly every litigation matter settles in the United States because the costs are so huge for litigating a case through trial and both parties usually have a pretty good idea of how the court or arbitral body is going to rule. Neither of these things hold true in China where so many of its laws are too new to have clear Supreme Court decisions on them.  Without clear and established law, nobody knows how a court will rule.  Parties in the United S...
Your Chinese Lawyer’s Duty Of Loyalty. What Me Worry?
2012-05-03 01:48:00
Interesting article in the most recent issue of James Zimmerman’s monthly newsletter.  Zimmerman authored the truly first-rate (and comprehensive) China Law Deskbook.  If you are going to buy one English language book to assist you in figuring out the broad panoply of China’s laws, the China Law Deskbook is that book. Zimmerman’s newsletter article is on “The Issuance of the Notice of the Decision on the Establishment of the System of Lawyers Oath” which was very recently promulgated by China’s Ministry of Justice.  In layman’s terms, this notice sets out the oath required of all China licensed lawyers: I swear to faithfully fulfill the sacred mission of legal workers in socialism with Chinese characteristics. I swear my loyalty to the Motherland, to the people, to uphold the leadership of the Communist Party of China and the socialist system, and to protect the dignity of the Constitution and the laws. I swear to practice law for the people, kee...
More About: Worry
Want to Succeed In China? Do The Right Thing.
2012-05-01 15:29:00
Too good a line not to repeat. It is from the China Business Leadership Blog, in a post entitled Is the End of Cheap China the End of China for the West?  The post is on how AmCham’s recent China business climate survey reveals that “82 percent of respondents surveyed plan to increase investment in their China operations in 2012, with 66 percent saying their goal is to produce goods and services for China, an 8 percent increase from two years ago.” The quote I like is the following: I do not see any companies around me that are doing the right thing and failing in China. I do personally know companies that are struggling. All of them are struggling because they do not have the right thinking to succeed here as they would if properly led and supported. In other words, the way you manage your business in China will determine whether you succeed there or not. This mimics something I am always saying, which is that 90 percent of my law firm’s clients seem to be ...
China Trademark Squatting: The British Version.
2012-04-30 23:17:00
Interesting article in today’s Daily Telegraph, written by the Telegraph’s Beijing correspondent, Malcolm Moore.  The article is entitled, ”Asda in China ? That’ll be Mr Liu in Shenzhen: The Chinese love for Western consumer brands is well known,” and it is on UK companies that have had trouble with “trademark squatters” in China.  The article focuses on British companies that have had “their” trademarks registered in China by Chinese individuals or companies.  I am quoted fairly extensively in it. Before I talk about the article itself, I want to first set out the basic trademark laws/rules for China: China is a first to register country.  What this means is that, generally, the first to register a trademark in a particular class gets it. England (and the United States), by contrast, is a first to use country. This means that, generally, the first to use a trademark gets it. If someone in China registers “your” ...
Where Were You (China) During The Third Industrial Revolution. An Open Thre
2012-04-29 18:20:00
  Little bit behind on my Economist reading, but just read a seriously thought provoking article, entitled, “The third industrial revolution: The digitisation of manufacturing will transform the way goods are made—and change the politics of jobs too.”  The thesis of the article (and one which I completely buy) is that we are on the cusp of a third industrial revolution. The first industrial revolution “began in Britain in the late 18th century, with the mechanisation of the textile industry.”  The “second industrial revolution came in the early 20th century, when Henry Ford mastered the moving assembly line and ushered in the age of mass production.”  The third revolution “is under way” and that consists of manufacturing “going digital.” The article then points out that this revolution — like those before it  — will be disruptive: Like all revolutions, this one will be disruptive. Digital technology h...
More About: China , Open , Industrial , Revolution
Your Chinese Lawyer. Trust Yet Verify?
2012-04-28 21:18:00
Got an email recently from someone who had contacted me months ago regarding a potential litigation matter against a Chinese company. The case was not terribly complicated and so I recommended this person secure local Chinese counsel, particularly since he spoke Mandarin.  The new email was an update and the news was not good. Seems this person is convinced that his local Chinese attorney passed on secrets to the Chinese company he intended to sue. I cannot say whether this is true or not, but I can tell you this is at least the third time I have become aware of something similar and I have never heard a story like this involving an American lawyer.  The other two instances involved American companies that had retained Chinese law firms for their trademark applications, only to have those (two different) law firms take forever to file for their trademarks and then report back that a Chinese competitor company had — in the meantime — beaten the American companies to the...
More About: Lawyer , Trust
China And Hollywood: A Toxic Mix?
2012-04-26 22:44:00
Our Beijing-based entertainment lawyer, Mathew Alderson, has been attending (and speaking at) the Beijing International Film Festival. Not surprisingly, Mathew reports that the talk of the town is the recent news regarding a United States Securities and Exchange Commission (SEC) investigation into whether some of Hollywood ’s biggest movie studios made illegal payments to officials in China to gain the right to film and show movies there. In an article entitled, “Did Hollywood dirty its hands in China? Reaction to SEC inquiry,” the Los Angeles Times extensively quotes Mathew regarding how it is that Hollywood might have gotten into this problem: Mathew Alderson, a Beijing-based entertainment lawyer and Asia Pacific partner at Seattle-based international law firm Harris Moure, called the timing of the SEC inquiry story “instructional.” “The news broke during the second Beijing International Film Festival, when media attention was focused on the biggest foreign box-...
China Scam Alert: The Different Company Bank Account. Again.
2012-04-25 02:59:00
Someone should have told me that April is China scam month, because I always thought it was December (see Ancient China Business Scam. Back With A Vengeance This Season).  My firm has gotten more emails and phone calls this month from foreign companies scammed by Chinese manufacturers than any month ever. Since I am guessing this is attributable more to the downturn in Chinese business than to anything related to this particular month, I am writing this post as a warning. What we are seeing so much of this month is the very basic, very much tired and true, bank account switch scam.  We got two of these already this week (and it is only Tuesday).  In both cases the parties were out six figures, yet we told both of them not to bother hiring us to try to get their money back. Not surprisingly, both cases involved purported chemical companies. (See our posts Anatomy Of A China Scam. Part I. Just The Facts. and Anatomy Of A China Scam. Part II. Conclusion And Advice., both involving a...
More About: Company , Alert , Bank
Doing Business With China. April 25, 2012, In Seattle.
2012-04-23 12:48:00
On Wednesday, April 25th, 2012, I will be on a breakfast panel discussing “Doing Business With China ” as part of the Economist’s Business Without Borders breakfast series. This event will take place at the Alexis Hotel, at 1007 First Avenue, in Seattle , Washington. My co-panelists will be the following: Ted C. Fishman, Author of two highly acclaimed books, China, Inc. and Shock of Gray: The Aging of the World’s Population and How it Pits Young Against Old, Child Against Parent, Worker Against Boss, Company Against Rival, and Nation Against Nation.  Though I have long been impressed by Mr. Fishman’s writings, I have actually never heard him speak, so I am very much looking forward to hearing him at this event. Julie Felss Masino, Vice President of Starbucks’ Global Beverage Group and former Vice President of Marketing and Category for Starbucks in China.  I saw Ms. Masino give a great speech at this year’s Wharton China Forum, so I can ...
More About: Doing business
The Apple-Proview China Trademark Litigation. It’s Gonna Settle. Bet On I
2012-04-22 16:18:00
Apple iPad Event (Photo credit: Wikipedia) Bloomberg News just came out with a story, entitled, “China Court Encourages Apple, Proview to Settle Dispute,” describing the latest goings-on between Apple and Proview in their fight over the “iPad” name in China: A Chinese court is mediating talks between Apple Inc. (AAPL) and Proview Technology (Shenzhen) Co. in a bid to get the companies to settle their dispute over the iPad trademark in the country. “On the one hand, we are trying to process this case, and on the other, we are working on encouraging both sides to settle,” Zhao Le, an official at the foreign affairs office of the Higher People’s Court of Guangdong, said by telephone yesterday. Zhao said he had no further information on the effort. On Feb. 29, the Guangdong court heard Apple’s appeal against a lower court ruling last year that Proview owned the iPad trademark in China. Proview, a failed maker of computer displays, has filed separate compl...
More About: Apple
All Eyes East On Marketing To China’s Youth. I Liked It.
2012-04-21 17:29:00
I spend pretty much all day reading for work and so when I read during my off-hours, I tend to prefer fun and light. And this is especially true of work related books. And let’s get real here and put away the pretension. Most businesspeople want a book that they can both start and finish on their flight to China. Yes, Jonathan Spence’s, The Search for Modern China is a great book, but it is 992 pages, and if you are talking about ROI per page, then something like Jeffrey Wasserstrom’s book, China in the 21st Century, is more realistic. That book is accurately subtitled “What Everyone Needs to Know” and it is 192 pages, which means you can read it on the plane between meals. For my full review of Wasserstrom’s book, check out “China In The 21st Century. The Book You Must Read. At Minimum/For Starters.” And when it comes to business books on China, I am even more impatient. I am a lawyer and so when I read a business book on China, I am reading ...
More About: Marketing , Eyes , Youth , East
China’s Film Industry Promotion Law. How Do Tudou/Yokou Investors Sleep A
2012-04-20 15:26:00
By Steve Dickinson and Mathew Alderson In the first part of this two part series, in a post entitled “China’s Film Industry Promotion Law. A Discussion Of The Discussion Draft,” we discussed the Discussion Draft of the China Film Industry Promotion Law. Concern has been expressed about a provision of the law that would prevent online film download sites from providing unlicensed foreign films on their websites. In fact, however, this provision of the discussion draft would simply clarify existing law. It therefore does not reflect a substantive change. Much of the current regulation of film in China is based on agency regulations rather than statute. One purpose of the new law would be to take these regulations and increase their authority by raising them to the level of statute. Thus, some parts of the law are merely a codification and clarification of existing practice. The controls on download sites falls into that category. The discussion draft would establish a tw...
More About: Sleep
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