A chinese wearable device manufacturer Zepp raised 15 million USD in funding round

A chinese startup Zepp focuses on wearable sports gadgets raising 15 million usd funding in the latest round  by GGV Capital,Legend Capital,Bertelsmann and Cherubic Ventures.

zepp
Zepp wearable devices maily focus on helping sports athletes improve performance by collecting sophisticated data inluding speed,strength,track and also assist in coaching. Goldsense is very killer product under Zepp compnay and it can be added to the golf gloves to upload exercising data to your phones/smart devices via app. There are also a few products for tennis and other sports.

Zepp

Founder Han Zheng claimed that the wearable shipments had surpass more than 100000 units and Zepp has collected more than 500000 times golf swings and now it will become a sports database from  an interview with CEO of Zepp Jason Fass on re/code.

Previously in 2013, Han Zheng said they would reply on service and software to acheive profit in an interview by 36kr-A technology blog in China. Right now they offer sync service between wearable devices data and account via smart handset clients. They will start to sell interactive video courses and star athletes statistics data to paid subscribers. They can improve performance by watching interactive video courses or can analysis and study the statistics data to find the deficiencies and improve skills by imitating. Profit margin from service will be significent higher than devices although their wearable gadgets has quite a higher profit margin compared with smart phones.

The exceptional situations you can’t fire an employee in China.

 

[avatar user=”johnw” size=”medium” align=”left” link=”www.divorceinchina.com/about/”]Attorney in China [/avatar]

A new  post on   exceptional situations when you can’t fire employees responding to my previous post on

Responds to chinalawblog on Employee Dispatch Company legal issue in China

Situations you can not fire an employee in china according to China Labor Law

According to the China labor law article 42, there are six exceptional situations you can’t fire a person

  • 从事接触职业病危害作业的劳动者未进行离岗前职业健康检查,或者疑似职业病病人在诊断或者医学观察期间的;
    Ifan employee doesn’t have occupational disease checkup upon departure or is in diagnos and medical observation.
  • 在本单位患职业病或者因工负伤并被确认丧失或者部分丧失劳动能力的;
    Have occupational disease during your comapny or have totally or partially lost the ability to work due to occupational disease in your company
  • 患病或者非因工负伤,在规定的医疗期内的;
    sickness or occupational injury during therapy
  • 女职工在孕期、产期、哺乳期的;
    Any female employee is in her pregnancy, confinement or nursing period
  • 在本单位连续工作满十五年,且距法定退休年龄不足五年的;
    An employee has continuously worked for 15 years and there will be less than 5 years reaching his mandatory retirement age.
  • 法律、行政法规规定的其他情形。
    Exceptional Situations regulated by Goverment Rulers or other lawThis is very basic provisions you need to write down and it will be a lot of work drafting the contract to avoid possible legal risk.

PS: This is very typical chinese civil law codes and always there are unknown situations. Don’t worry about it and the court will rule binding to the other five specfic situations above.  However, if you can convince employees accpeting a settlement, you can still manage to fire a person. Normally, People would like to get the damage instead of keeping the job.

Millions of Tecent mobile QQ users unable to sign in with QQ ios/andriod/wp clients

1167909243.14728960

[avatar user=”johnw” size=”medium” align=”right” link=”www.divorceinchina.com/about/” target=”_blank”]attorneyinchina@foxmail.com[/avatar]

Early this morning, many QQ users find they are unable to access to QQ mobile clients on their smart phones including Android,ios,windows phone. There is no such issue when they sign in with their QQ pc/mac client. Servers may encounter outages and Tecent is working on fixing the outages.QQ

Tencent QQ, popularly known as QQ, is an instant messaging software service developed by Tencent Holdings Limited. QQ also offers a variety of services, including online social games, music, shopping, microblogging, and group and voice chat.

As of 20 March 2013, there are 798.2 million active QQ accounts, with a peak of 176.4 million simultaneous online QQ users.

Due to high volume users online, It’s great pressure for Tecent to service billion users online and this is second outage happened to Tecent QQ in last past 48 hours. Rumours spreaded out on weibo that QQ technical staffs don’t get satisfied Annual Bonus for the Chinese Lunar New Year and take revenge on tencent.

DNS Servers unavailable in china and millions of people lost internet connection

Millions of Chinese internet users were  unable to visit websites or use internet services such as social media and instant messaging QQ on Tuesday afternoon.

The incident occurred around 3pm, when a number of domestic service providers were unable to establish contact with China’s Domain Name System (DNS) servers.

All of China’s generic top-level domain names were affected, leaving websites ending with .COM, .INFO, .NET and .ORG inaccessible, according to reports by major news portals such as Sina and QQ.com.

Many internet giants such as Baidu and Tencent were unavailable and websites are pointing to ip address:65.49.2.178. Qihoo 360 company announces internet security alarm and explained  dns servers  may be  under attack or technical malfunction. Hackers may put up phishing website and map the  domain names to phishing ips.  According to Qihoo 360, the 13 root DNS servers may be under attack or technical problem. Two thirds of the whole chinese websites are encountering DNS errors and millions of people can’t access to websites in China but oversea websites are accessible.

It is expected  it will be solved in 24 hours and  the reasons are still unknown.

 

 

SegmentFault raises millions of RMB funding -Chinese version Stackoverflow

 

 

 

[avatar user=”johnw” size=”medium” align=”left”]attorneyinchina@foxmail.com[/avatar]

SegmentFault is online  question and answer site for programmers and developers in China and was initially launched in June,2012. The Seed  A round funding is led by Zhejiang newspaper DreamWorks venture capital and IDG.  It’s new version of Stackoverflow,but it has built in blogging platform for users apart from question&answer columns. There are over 100000 developers registered on their website according to co-founder Gao Yang and most of them focus on web developing. Currently there are 30 thousand  PVs  a day which makes  2 million PVs a month.  Right now  They will focus on their products and try to deliver the best expierence  to users.

Stackoverflow is very  popular in China in despite of lanaguae barriers. I am not sure if Segmentfault can attract more and more qualified users to contribute quality content to its website as Stackoverflow.  Sure it’s easy for Chinese visitors  to find answers in Chinese but if content doesn’t satisfy them. They will seek  an alternative website  immediately and that’s why Stackoverflow ranks in top 200 websites in China.

 

 

 

Responds to chinalawblog on Employee Dispatch Company legal issue in China

[avatar user=”johnw” size=”medium” align=”left”]attorneyinchina@foxmail.com[/avatar]

I am writing this post to comment on the latest post from chinalawblog.com regarding dispacthed employees in China. I want to share my ideas with all companies who want to expand their business in China. You can take a look at the recent post from chinalawblog.com and i would love to analysis when we begin to outsource our jobs to dipatched employees in China.

Basic Protections When Using A China Employee Dispatch Company.

In China only foreign companies or stated own companies seek more employees from dispatch companies compared with private sector. Why they need dispatched employees?  Money answers all and they want to cut cost and earn more profit. People in the same positions don’t get paid equally because you aren’t a contract or full time employee. This kind of law is unlaw from my view point and recently Chinese labor law has new regulations towards dispatch companies. It will promote equality among big companies and especially regulate stated own companies. So, if you wan to do some real business in China, please don’t take risk.  As you can see from the post on chinalawblog, the dispatch law is changing from time to time, also labor law has priority over dispatch regulations.DISPATCH

According to the new regulations on dispatching employees, You can only outsource your temporary,less important or replaceable positions for the dispatched employees. If you hire the ones who do the main job, the employee can file a lawsuit against you in China regarding occupationary injury, We need to go back to see why there is dispatched employess in China? I think it’s initially been hired in national stated big firms or companies to save cost. People do the same jobs not getting paid equally and later it becomes a kind of privillege for some people to exploit the others. Chinese people are very against this kind of dispatched forms of employing and New law is imposing more regulations on discrimination or inequity in treating employees in the same positions. In my view, you can outsource your job to a company or you just hire employees formally. In china, you can fire your employees at anytime you want and just pay for a smaller amount of damage compared with USA. Also, there is no union or strike. It’s a heaven for companies.

China is marching towards rule by law and there isn’t much space for ilegal purpose business in China.

 

Nu Skin faces investigation in China

 

[avatar user=”johnw” size=”medium” align=”left” link=”www.divorceinchina.com/about/”]attorneyinchina@foxmail.com [/avatar]

People’s Daily consecutively reports on Nu Skin gets invovled in misleading advertising and promotion.  China imposes unfriendly regulations and restricts on muti-level distributions or marketing. Pyramid schemes are not allowed in China and As we all know, distributors will get money from their sub-level distribution network and they will tend to do anything to expand their network to earn more money. So The border  can be very unclear between  Pyramid schemes and muti-level marketing or distribution. May be Nu Skin takes nessary steps to prevent distributors from expanding their sub-level network but distributors will lure sub-distributors with High commission in order to earn more money qucikly. They will tend to focus on expanding the network not selling the products from Nu Skin and it think people are likely to earn money from building the network and simply doing nothing. They will hope sub-distributors under their names to sell more products and they will get more and more money. Nu Skin are unlikely to take any action to ban this form of marketing because sub-distribution network is the fast way for distributors to earn easy cash.  NU SKIN

  Chinese officials have long been skeptical of multilevel marketing, in which distributors earn money from other distributors they bring into the business as well as from what they sell themselves. Chinese media sometimes carry stories that treat such sales organizations as brainwashing cults, a characterization the People’s Daily applied to Nu Skin.-online.wsj.com “Nu Skin’s shares fell $5.33, or 6.3%, to close at $79.47 Friday on the New York Stock Exchange, putting the stock down 42% for the week.”

Chinese market accounts  for over harf of the entire Nu Skin market and China state Adminstration of industry and commerce is engaging in investigating Nu Skin in terms of misleading advertising or marketing;pyramid schemes.

 

Responding to Post Why China Is Better Than Russia For Business

 

[avatar user=”johnw” size=”medium” align=”left” link=”http://www.divorceinchina.com/about/” target=”_blank”]John W Attorney in China[/avatar]

I just read a post from chinalawblog and i want to add a few comments apart from the post.

Why China Is Better Than Russia For Business

 

The good days are gone for local public servants and There is still corrpution in local goverments and bribing to officials directlly is very few in China.  Junior servants have no chance or can’t risk their career  to extort money from you if they don’t know you in person. They will normally service you following rules. Also Police can’t collect fine or cash from you directly in china, you will be given a ticket and pay the fine in the bank.  What you can have troube in China? I think corrpution is going deep and invisiable and Low-level corruption is gone  with the the awakening of the people and internet medias.russia

Thanks to weibo(chinese twitter) and smart phones, you can broadcast encounters in the goverment   and take pictures any time and it’s very risky for officials to conduct extorting money from you. You can refuse to bribe though  it may delay or casue your trouble, still you have choice saying no in China.  Also, there is no Putin in china and try to rule the russia forever.

Doing business is good and safe in China and entrepreneurs are well respected in China. Also, Some Chinese people choose to fight against corruption and unfairness.  I trust the chinese people and goverment  and they are willing to change in the future.

Tesla having trademark problem in China

[avatar user=”johnw” size=”medium” align=”left” link=”http://www.divorceinchina.com/about/” target=”_blank”]John W Attorney in China[/avatar]

Tesla met trademark trouble in China. A lot of western companies have no idea of pretecting their trademarks from bad faith applications.

Tesla Motors’ (TSLA) Trademark Problem In China: What Multinational Companies Can Learn From Tesla About Securing A Trademark On The Mainland

Although China recently amended trademark law in China and increase penalty on bad faith application from previous 80000 USD to 500000 USD, still you need to file a lawsuit agaist the bad faith application. Before you run your business in USA, you may consider filling trademark in China in case that some bad faith person will register your trademark or logo in China or other civil codes companies.

Tesla-Alpha-Model-S-2011-widescreen-08

Right now China trademark office has put the trademakr on hold and still proceed a hearing from the owner of tesla tradmark in China. It’s likely tesla will get the trademark since the trademark was registered after tesla incorporation. Also there is no product under the trademark brand in China. According to China trademark law, if your trademark is not in use for 3 years (You have to brand your products and release products in the market), the trademark office will revoke your trademark.  China in favors of new energy electric car and tesla will get trademark in the end.   Apple pays 60 million usd to claim the ownership of iPad trademakr in China and foreigner companies should focus on Chinese trademark issue.

 

You can refer to the following posts regarding China trademark law

Bring your Lawsuit in China or USA

 

[avatar user=”johnw” size=”medium” align=”left” link=”http://www.divorceinchina.com/about/” target=”_blank”]Attorney in China[/avatar]

I just read a post from Chinalawblog.com  and  It gives an indepth review on ligitation strategy  on bringing a lawsuit in China or USA.  It’s an old post and China law are adopting many rules from USA.  New Revision Trade Mark Law has  increased  significantly greater statutory damages in infringement cases ranging from RMB 500,000 to RMB3 million (roughly from US$80,000 to US$500,000) and also can claim punitive damages up to 3 times based on your potential loss. You can view the post 8 Key Revisions to Chinese Trademark Law for more information. American is great place for lawyers and lawsuits and it will be better for your to file a lawsuit againt Chinese Companies in USA if they run business in USA.  Lawsuits or ligitations is kind of profitable business in USA if you get  punitive damages ruling from Courts. Compared with USA , There is no punitive damages in breach of contract or infringement and you can only cover your direct loss winning your lawsuits in China. I think that’s why lawyers in China are so well respected and rich in contrast to lawyers in USA.  Well, Chinese lawyers fees are very cheap if you get used to be charging by American attorneys. So, how Chinese attorneys bill their clients?LAWSUIT

  • Chinese Attorneys will caculate the potential cost and fees and give you a direct firgure on a fixed contract. There is no definite figure due to different cases. So, you will have discuss more details with your Law firm. You will have to pay them in advance if you want to speed up your case.
  • Hourly rates are the most common arrangement.Law firm will bill you based on accumulative working hours. They will send you invoice in a period.All comes to your case and you can choose the one less costly. If your case is a straight forward case without too much extra work, you can go with Hourly Rates.

If you want to expand your business in China, it will leave you no choice and  lawsuit in China is inevitable . Choosing a law firm isn’t that improtant  because The courts in China reply on  documentary evidence not in favor of witness or so called testimony. That means good lawyers without any solid  evidence backup  play  little role in the court and also there is no  Grand Jury or Jury Panel.  China isn’t a good place for decent court debate.  If you have enough evidence, Just hire the attroneys with due diligence who cares about your case. You can collect evidence in China and bring a lawsuit in USA.  Also, you can bring two lawsuits together both in China and America. Also China courts may usually enforce arbitral awards not in favor of court ruling.