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China Business and Trade
HOW WE CAN HELP REPRESENTATIVE EXPERIENCE ACCOLADES

The implementation of the Belt and Road Initiative and the Greater Bay Area Initiative, enactment of the Foreign Investment Law, and introduction of other policies and legal reforms in Mainland China in recent years have presented challenges and opportunities in the foreign investment landscape in Mainland China.

With our offices in Beijing and Hong Kong, and leading practitioners qualified and licensed in the jurisdictions, we have in-depth knowledge of the business and trade and regulatory framework affecting foreign investment in Mainland China. For decades, we have partnered with our MNC clients to navigate the changes in law and business needs to strengthen their position and expand their business in Greater China.

HOW WE CAN HELP
TRADE, DISTRIBUTION AND SUPPLY CHAIN MANAGEMENT
  • Operational and structural planning of cross border distribution and sourcing activities
  • Manufacturing, franchising, licensing, supply, distribution, and co-branding agreements
  • Establishment and maintenance of e-commerce stores and social media accounts
REGULATORY COMPLIANCE
  • Cybersecurity and data privacy compliance
  • Antitrust compliance and administrative investigation
  • Labour law and human resources compliance review
  • Product quality, food safety and trade compliance
CROSS-BORDER DISPUTE RESOLUTION
  • Dispute resolution strategies combining litigation and alternative means across jurisdictions
  • Enforcement of judgments and arbitral awards
  • Cross-border asset tracing and asset recovery
CUSTOMS AND TRADE
  • Training to customs officers in Mainland China and Hong Kong to strengthen the effectiveness of import/export surveillance and Customs enforcement actions against counterfeits
  • Customs recordals and clearance, detention of counterfeits and payment of bonds
INTELLECTUAL PROPERTY
  • Greater China portfolio management and brand protection
  • Comprehensive intellectual property protection and enforcement strategies against squatters and infringers
FOREIGN DIRECT INVESTMENT
  • Joint ventures, wholly foreign-owned enterprises, holding companies, branches and representative offices
  • Approval/ registration process for investment projects
  • Cross-border M&A and innovative corporate finance structures
CHINESE OUTBOUND INVESTMENTS
  • Outbound investments by Mainland Chinese enterprises using Hong Kong and offshore entities
  • Filing and approval in Mainland China, and investment control in foreign jurisdictions
REFORM ADVOCACY
  • Strategic interaction with regulatory and enforcement bodies in advocating legislation and public policy changes
  • Comment on and assist in implementation of draft laws and guidelines
TAX PLANNING AND RESTRUCTURING
  • Treaty benefits on the withholding tax levied on China sourced passive income and the beneficial ownership requirements
  • Criteria of permanent establishment and taxable presence of MNCs and foreign enterprises in Mainland China
  • Indirect transfer of shares of non-resident special purpose vehicle holding interest in Chinese subsidiary and tax liability under Chinese laws
  • Securing tax deferral treatment in Mainland China on cross-border tax re-organisation transactions
  • Tax planning and restructuring under the Chinese general anti-avoidance rule
NOTARIAL SERVICES
  • China-Appointed Attesting Officer to attest documents for use in Mainland China
  • Notarization services to declare, certify and witness the execution of legal documents, certificate of company particulars, property sale and purchase agreement and mortgage and charge documents
  • Apostillization and legalisation of documents
REPRESENTATIVE EXPERIENCE
TRADE, DISTRIBUTION AND SUPPLY CHAIN MANAGEMENT
  • Assist in negotiation and structuring of an exclusive license and distributorship with world leading global brand for designer lighting and furniture for retail, wholesale and e-commerce channels in Mainland China, Hong Kong and Macau
  • Represent one of the world’s most prestigious universities in the United States in its negotiation of cooperation with one of the largest Chinese multinational e-commerce groups and formulate the licensing structure in light of the tax laws and foreign exchange restrictions in the Mainland China
REGULATORY COMPLIANCE
  • Advise on the impact of the Cyber Security Laws on the business models of one of the world's largest educational testing and assessment organizations in Mainland China
  • Develop antitrust compliance program for a major luxury goods distributor, conducted compliance audit and provide internal guidance and training
  • Provide in-house training to legal counsel of a multinational luxury conglomerate on the latest legal developments in data security and protection of personal information and regulatory practices concerning the collection of personal data on e-commerce platforms and mobile applications in Mainland China
CROSS-BORDER DISPUTE RESOLUTION
  • Represent a high net worth PRC individual to pursue his claims exceeding HKD180 million against a securities house and its management with respect to a share repurchase arrangement
  • Counsel to a global pharmaceutical company in infringement of its process patent of artificial sweetener in the UK Patents Court and at US ITC proceedings. We worked closely with investigators on undercover collection of evidence, and advised on forum selection in light of protectionist concerns
  • Advise the world's largest garment manufacturer on worldwide patent and plant variety protection in Mainland China, coordinate its global patent litigation, represent it in ITC proceedings and obtained non-infringement opinions or declaratory judgments in various jurisdictions on its behalf
CUSTOMS AND TRADE
  • Act for a world-famous US protective smartphones cases company in providing training to Chinese customs officers at major Chinese trading ports to enhance their awareness in identifying counterfeits of client’s products at the border
  • Represent one of the world’s largest and most renowned automobile manufacturers in the largest seizure of counterfeit automobile parts at the Chinese border in recent years
INTELLECTUAL PROPERTY
  • Successfully assist an international luxury conglomerate in removing bad faith applications filed by a professional squatter in Mainland China and eliminate the need to pay around USD 2 million to reclaim the trademarks
  • Represent a leading French luxury fashion and cosmetic house in a trademark dispute with a high-profile Chinese cosmetic brand and act as the lead counsel in global settlement negotiations
FOREIGN DIRECT INVESTMENT
  • Advise a multi-national video game development company on establishment of a WFOE in the Mainland China and advise on regulatory compliance issues in relation to employment, copyright and other industryspecific regulations
  • Counsel to a listed Hong Kong company for acquisition of a Chinese telecommunication service provider and advise on the structuring for planned listing in US
TAX PLANNING AND RESTRUCTURING
  • Tax counsel to a global furniture distributor on setting up and maintaining their franchise arrangement in Mainland China ◦ Counsel to a multi-national food group in defence and negotiation of tax charges in Chinese Mainland regarding value added tax (VAT) and regulatory issues concerning Chinese local distributor
  • Advise a multijurisdictional directselling company in the licensing structures for the grant of licenses to and collection of royalties from Chinese subsidiaries
WHAT OTHERS SAY
“You’re the most valuable firm in Hong Kong and Greater China. If I have anyone to recommend, it will be you.”
~Interpatent
“Just two words reflect my experience with Vivien: Skills and Heart A combination of brain and heart that guarantees the best service.”
~Matteo Scaglietti
“China presents a special challenge for the U.S. firm. The complexity of culture, language and politics is a challenge. Your firm always provides the expertise and insight that let us know that our clients are in good.”
~Espinosa Trueba
“Thank you for all the years of great service to my clients and to me. You have my complete trust and there is no other firm I would use in Hong Kong and China. I look forward to many more years of co-operation between our firms.”
~Bachman & La Points
“I admire the history of the firm, the development and the quality of the services.”
~Klinger & Kollegen

ACCOLADES
ASIALAW LEADING LAWYERS

Distinguished Practitioner in Intellectual Property 2022
Hong Kong
M&A TODAY

Intellectual Property Law Firm of the Year 2022 Hong Kong
CORPHUB HONG KONG'S MOST OUTSTANDING BUSINESS AWARDS

Greater China's Outstanding Full-Service Law Firm of the Year 2022
CORPHUB HONG KONG'S MOST OUTSTANDING BUSINESS AWARDS 

Greater China's Most Trusted Legal Consulting Services of the Year 2021
LEADERS IN LAW GLOBAL AWARD
Corporate Law Expert of the Year 2021
Hong Kong
MEDIA LAW INTERNATIONAL
Tier 3 Media Law Law Firm 2021
China