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High-profile legal disputes in Beijing

Beijing, the capital of China, is known for its bustling city life, cultural heritage, and political power. It has been the site of many high-profile legal battles that have gained national and international attention, highlighting important legal and social issues in China. In this article, we delve into some of the most significant legal battles that have made headlines in Beijing.

Apple vs. Proview

One of the most famous legal battles in Beijing was the dispute between Apple and the Chinese company Proview. The tech giant was accused of trademark infringement in 2011, as Proview claimed that it owned the trademark for “iPad” in China. Apple was alleged to have violated Proview’s rights by using the trademark without permission, which was purchased from a subsidiary that did not have the authority to sell it. The case was heard in the Beijing Municipal High People’s Court, generating significant media attention both within China and abroad. In July 2012, the court ruled in favour of Proview, ordering Apple to pay $60 million in compensation. The ruling was a significant victory for Proview, which was struggling financially at the time.

Bo Xilai corruption trial

Bo Xilai was a prominent Chinese politician and a former member of the Communist Party of China. In 2012, he was removed from his position as the Secretary of the Chongqing Municipal Committee and was later expelled from the Communist Party over allegations of corruption and abuse of power. Bo was also implicated in the murder of British businessman Neil Heywood. Bo’s trial took place in August 2013 in Jinan, Shandong, but it was closely followed by media outlets in Beijing and around the world. The trial was considered a test of the Chinese government’s commitment to fighting corruption, and Bo’s downfall was seen as a warning to other politicians who might be tempted to engage in corrupt practices.

Ai Weiwei tax evasion case

Ai Weiwei is a well-known Chinese artist and activist who has been openly critical of the Chinese government’s human rights record and civil liberties. He was detained by the Chinese government for 81 days in 2011 and later accused of tax evasion by the Beijing Tax Bureau. The charges were denied by Ai, and his supporters argued that the charges were politically motivated. The case generated significant media attention both in China and internationally, testing the Chinese government’s commitment to freedom of speech and civil liberties. In June 2012, Ai was ordered to pay $2.4 million in back taxes and fines, but his supporters argued that the charges were baseless and politically motivated.

China Medical Technologies fraud case

China Medical Technologies was a Chinese medical device company listed on the NASDAQ stock exchange in the United States. In 2012, the company was accused of fraud and other financial irregularities, leading to the arrest of its founder and CEO, Xiaodong Wu, by the Chinese authorities. The case was closely followed by investors and financial analysts in Beijing and around the world and considered an important test of China’s commitment to transparency and accountability in its financial markets. In 2016, Wu was sentenced to 18 years in prison for fraud and other charges. The case was seen as a significant victory for the Chinese authorities in their efforts to crack down on financial fraud and corruption.

Beijing Business Lawyer

As you can see below, our lawyers and attorneys can assist with civil and commercial dispute resolution. They can also help with corporate business law, anti-dumping, countervailing, trade remedy compliance, insolvency, and securities law. Further, they can also assist with divorce (how it impacts business) and bankruptcy. Our office is located at 12 A Jianguomenwai Avenue, 15/F, NCI Tower, Beijing, 100022

Trade Remedy Compliance

This area of law focuses on today’s global economy. Trade compliance is becoming more important as there are a lot of sanctions and fines. Companies need to quickly be able to change when rules change in China. Having trade remedy compliance lawyers on your team is critical. They will help you with free-trade agreements. You want to minimize your tax duties. This will help you improve your profits. Now, most people know that not being compliant with international trade can be brutal on your bottom lines. You need to have a customs compliance program.

Civil And Commercial Litigation

Lawsuits happen. Perhaps you need to file one, or perhaps you are responding to one. Either way, a Beijing business lawyer can help you work towards your goals. Do not assume that because something happened in China, you can’t get justice. Yes, you are not going to fly out to Beijing and self-represent. That’s impossible. However, if you are willing to invest $10,000+ in the lawsuit, it’s possible. If you are out over $50,000, it’s worth hiring a Beijing business lawyer or attorney to file a lawsuit. Our lawyers come from the top law firms in Beijing. They know what the judges want to hear, and how to present evidence to the Beijing courts.

List of top law firms in Beijing

King & Wood Mallesons – www.kwm.com Zhong Lun Law Firm – www.zhonglun.com JunHe Law Offices – www.junhe.com Haiwen & Partners – www.haiwen-law.com Fangda Partners – www.fangdalaw.com Grandall Law Firm – www.grandall.com.cn Beijing DHH Law Firm – www.dhh-law.com Global Law Office – www.globallawoffice.com Jingtian & Gongcheng – www.jingtian.com DeHeng Law Offices – www.deheng.com AllBright Law Offices – www.allbrightlaw.com Beijing Kingpeng Law Firm – www.kingpenglaw.com Llinks Law Offices – www.llinkslaw.com Tahota Law Firm – www.tahota.com.cn Jincheng Tongda & Neal Law Firm – www.jinchenglaw.com Guantao Law Firm – www.guantao.com Commerce & Finance Law Offices – www.cf-lawyers.com Tiantong & Partners – www.tiantong.com.cn Beijing Huaming Law Firm – www.bjhm-lawyer.com Zhong Yin Law Firm – www.zhongyinlawyer.com

Securities Law Beijing Business Lawyer

Securities laws in China and Beijing are normally related to investments. People cannot just go out and sell whatever they want when they want. There are rules that say how shares in companies can be sold. There are exceptions for investors. This is a way to stay compliant with securities laws. What does a Chinese securities lawyer do? Because of market crashes, governments looked into what happened. What happened was that the stock markets were making their own rules. So the government put in place their own rules. This involves things like required disclosure and being honest.

Insurance Law

Purchasing insurance is very important when doing international business. However, don’t assume the insurance company will pay out when you need them to. You might need to file a lawsuit. When an insurance company rejects you in China, contact our Beijing business lawyers and attorneys. They can start by sending a demand letter. If that doesn’t work, they can file a lawsuit. Most lawsuits settle before trial.

Bankruptcy Law Beijing Business Lawyer

Sometimes things don’t go the way you wanted them to. If you borrowed a bunch of money, or owe a lot of money, it’s time to talk to a business lawyer or attorney that does bankruptcy law. You might just need a fresh start so you can do things the right way this time around. Don’t just run away from your problems. In China, this can lead to criminal charges. Also, don’t assume that the problems won’t follow you home. The Chinese media could write about how you and your company scammed a bunch of people and ran off. This information will be on the internet and could be found by your family, friends, and customers in your home country.

Anti-Dumping And Countervailing Law

Let’s say you create products in Australia. You want to start selling your products in China. There are rules around the prices you can charge, and how you can do business in China. The Chinese government does not want you to hurt Chinese locally owned companies. The government can take action to protect Chinese companies. An attorney can help you understand Chinese trade law. They can also provide you with data to help you identify market trends.

Most of our clients come from these countries:

Canada
United Kingdom
Australia
New Zealand
United States
South Africa
Pakistan
India

Starting A Business In Beijing

Are you looking at starting a business in Beijing? We have a team of attorneys that can help you get set up. There are different ways to set it up. If you want to start a business in another city in China, we can assist you. Our lawyers can help anywhere in China. They can assist you with incorporation, taxes, and getting the correct forms and licenses. The attorneys can also do shareholder agreements and employment contracts. Below are a few options:

Set up a Wholly Foreign Owned Entity
Create a company headquartered in China (a Chinese company)
Manage a joint venture

A majority of companies that enter Beijing decide to operate as a Wholly Foreign Owned Entity. A law firm in Beijing can help you decide if you should do a Wholly Foreign Owned Entity or a joint venture. They can also talk to you about becoming a Chinese-owned company. Get legal advice from Chinese lawyers. Fill out the form on the side of this page.

Open A Business In Beijing

The first thing the lawyer will need from you is the documents. They will ask you for a list of things. Below are some things that might be asked of you.

Where will your office be?
Who will be the Employer of Record?
How do you plan to hire Chinese staff?
Do you want to set it up as a joint venture or something else?
Prove that you have the Minimum Registered Capital.
Send your business plan to the law firm.
Work on setting up a bank account (this is far more complex than you would think.)

Also, you will want to think about getting a business license, attracting foreign investment, and getting a feasibility study.

Can foreigners start a business in China?

The Chinese government has strict rules and laws in place. It’s not as easy to start a business in Beijing as you would think. It’s not going to happen overnight. For our company, it took us a year to get set up properly. We couldn’t get the bank account that we wanted, so we had to go offshores for that. You need to be flexible when setting up a corporation in China. Below is a list of other firms with a Beijing business lawyer that we could refer you to if needed.

Bright & Right.
MMLC Group.
HongFangLaw.
Jay & Shaw.
Yingke Law Firm
Zhongwen Law Firm.
Fangda Partners.
Globe-Law Firm.
TransAsia Lawyers.
Dentons

How long does it take to open a business in China?

At least two months. It’s faster if you hire a lawyer to do it for you. We highly recommend getting legal advice. Don’t figure things out. If your license gets rejected, there is no appeal. You are finished. There’s no helpline to call the Chinese government. The government might ask you for the information below. It better looks perfect.

Your incorporation paperwork
Your business licence and any other licences you need (like an ICP license for a website)
An official letter from your bank
A professionally written description of what you are up to in Beijing

You will need to have everything professionally translated into Chinese. The government can’t read your English documents. They might ask for other documents from your country. Further, this could be things like your incorporation documents in your home country. It could also be employment agreements, shareholder agreements, contractor contracts, and your minute book. Starting a business in Beijing is complex, so speak to an attorney first.

The Start-Up Community In Beijing

There are a lot of entrepreneur events in Beijing. Some are in Chinese, and others are in English. There are groups of people from India, South Africa, Canada, the USA, and Australia that get together. They share stories and help each other. This can be talking about how to navigate the government’s red tape. An entrepreneur group that I know has grown over 4X. Beijing is big into the internet, mobile, and tech things. Other Chinese cities are big into import and export. That doesn’t happen so much in Beijing.

Business law in Beijing

The market and business change extremely fast in China. Many people want to try it out. We have had a lot of people contact us from Israel recently. There are many Israeli companies that are interested in technology. And Beijing is the place for them to be. It’s helpful to talk to our attorneys before deciding on which city you want to focus on. There are some cities and areas that have free trade areas. This can save you a lot of money on taxes and tariffs.

Getting a business license In Beijing

Below are some more things to think about. Reach out to speak to a Beijing law firm today.

Articles of Association.
Feasibility Study.
Having a business lease signed (with conditions). Make sure the lease is conditional on you getting government approval.
Your business plan and financial projections.
Details about your bank account
Information about foreign investors
What your business in China will do
Detailed information about your registered capital.
Business license

In conclusion, starting a business in Beijing is a lot of work. Get help from experts.

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Navigating the Complexities of Beijing Business Law: Your Guide