McDermott Will & Emery has a strategic alliance with MWE China Law Offices, a separate law firm based in Shanghai. This White Paper was authored by MWE China Law Offices lawyers John Huang, Kevin Qian and Winston Zhao, and McDermott lawyer Frank Schoneveld.
“Distribution in China–Legal Issues” is a four-part series. Part I discussed the business models and legal structures most commonly used for distribution in China. Part II looks at important issues to consider in the design of a distribution system for China, such as taxation, foreign exchange, antitrust, and specific rules applicable to retail and wholesale distribution activities. Part III will deal with pre-contract matters of which negotiators of distribution agreements for China should be aware. Part IV will outline the main issues parties should take into account when drafting a distribution contract for use in China. These include pricing and payments, exclusivity and territorial restrictions, product liability and intellectual property rights.