15 Mar 2012 by in Company Formation Read 1863 times

How to set Up a Resident Representative Office in the People's Republic of China

Our overview briefly sets out the law and procedures relating to the registration and operation of a resident representative office ("representative office") by a foreign enterprise in the People's Republic of China ("PRC" or "China"). The information contained herein is based upon our Beijing lawyer working experience with and understanding of relevant PRC legislation which is publicly available as of 1 March 2012.
 
This overview is not intended as an exhaustive discussion of the establishment and operation of a representative office in the PRC, but rather to provide general information for reference purposes. As Chinese law is evolving rapidly, readers are advised to seek further information and legal advice when considering the establishment of a representative office in the PRC.

Advantages of a China Representative Office
1. Although a China representative office cannot directly carry out business in the country, it can help its parent company create income from sources inside China.

2. A China representative office can function as a liaison between the parent company's headquarters and related industries in China.

15 Mar 2012 by in Contract Drafting Read 27980 times

A sale of goods is a "contract by which the seller transfers or agrees to transfer the property in goods to the buyer for money consideration called the price". Or we can say a sale of goods contract governs the business relationship between a buyer and a seller of goods.
 
In order to constitute a sale of goods under the legislation, the consideration must be money, the price is fixed during the course of negotiations between the parties and the contract of sale must be in relation to goods (or chattels) rather than land or buildings. The agreement need not be in writing, but is sound practice to do so to avoid uncertainty and the terms of the sale contract, such as the time of delivery, the price, standard of goods, whether they have been sold subject to a description, whether they may be returned, and whether a retention of title is intended to apply to the goods sold under the contract.
 
The ownership of goods passes at different times, depending upon the type of goods sold in the sale of goods contract, and are different for specific and named goods, unascertained goods and future goods. The time the ownership (i.e. title) passes in sales of goods is important as the owner of the goods bears the risk in the event that the goods are destroyed or they perish. In some instances the contract may be able to be avoided in its entirety.

15 Mar 2012 by in Intellectual Property Read 1018 times

Industries our Beijing IP attorney have litigated in include: software, medical devices, biotechnology, pharmaceuticals, internet services, consumer products, financial services, sporting goods, photography, industrial hardware, home products, CT scanning, and telephony

The Attorneys at this Beijing law firm focus on intellectual property and technology-related litigation. We will advise you of those rights, your chances of winning or losing and the possible costs involved while always taking into account your particular goals. We have been involved in federal litigation over patents, trademarks, copyrights, the right of privacy and publicity, domain names and numerous other subjects. Domain disputes are often arbitrated under the rules promulgated by the Internet Corporation for Assigned Names and Numbers (ICANN). Our attorneys are extremely experienced in negotiation which typically results in settlement agreements for our clients. But if it comes down to a trial, our attorneys are very comfortable in the courtroom.

15 Mar 2012 by in International Arbitration Read 1617 times

More and More China companies are involved in international commercial arbitration, ever since China business entities' commercial activity increases. International commercial arbitration is the process of  resolving business disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts.  It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding.  This chapter will present the major international arbitral institutions and the resources found on their Web sites.  It will also review commercial and private databases that provide primary and secondary sources of arbitration information.  Any omissions or errors are solely the responsibility of the author.

As the number of international commercial disputes mushrooms, so too does the use of arbitration to resolve them.  The non-judicial nature of arbitration makes it both attractive and effective for several reasons.   There may be distrust of a foreign legal system on the part of one or more of the parties involved in the dispute.  In addition, litigation in a foreign court can be time-consuming, complicated, and expensive.  Further, a decision rendered in a foreign court is potentially unenforceable.   On the other hand, arbitral awards have a great degree of international recognition.  For example, more than 140 countries have agreed to abide by the terms of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, known as the New York Convention.

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