Our services include the entire range of legal services required throughout the incorporation of new business enterprises or the expansion into China through merger and acquisition activities. Among other we advice on the structuring of investments from a legal and tax point of view, investment categories in the various industries, suitable business vehicles, such as equity joint ventures, contractual joint ventures, wholly foreign-owned enterprises, representative offices and foreign invested companies limited by shares. We draft and negotiate all investment-related corporate and commercial documents, such as letters of intent, joint venture contracts, articles of association, trademark licence agreements, technology licence agreements, secrecy agreements and distribution agreements.
Even though China’s record on the protection of intellectual property rights has largely improved, preventive measures for intellectual property protection remain at the forefront of foreign investors’ strategic considerations. Among other we advise our clients on the measures available for the protection of intellectual property, assist regarding the registration of their trade and service marks in China and draft and negotiate licensing, coexistence and transfer agreements.
We advise our clients on the restructuring of their existing investments in China. After a period of continuous growth or after an acquisition phase investors may end-up with a scattered structure of their China investments that they wish to consolidate. A fall-out with the joint venture partner may result in a buy-out.
We advise our clients on the secondment of their staffs to China, including the legal and tax structuring and the drafting of secondment and employment agreements.
We draft and negotiate the entire range of commercial agreements required in relation to foreign trade with China. While in one case it may be a simple mandate or agency agreement, in the other case it may be a complex distribution or licence agreement.