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The Development and Reform Commission of Guangxi Province of China broke up a cartel organized to increase the price of rice noodles, using in part it authority under the Anti-Monopoly Law (AML) and in part its pre-existing authority under the Price Law and the regulations under the Price Law. In China central bodies such as the National Development and Reform Commission (NDRC) one of the AML enforcement authorities, have counterparts in each province or other centrally administered areas.

It is reported that in November one producer started to organize meetings on prices and eventually some 18 producers signed a written agreement to raise prices on December 16, 2009. The price increase was implemented on January 1, 2010. Other producers also increased prices.

The local authorities investigated the price increase and levied administrative penalties. Three of the initial producers were fined 100,000 RMB (about $14,654.49 USD) and another 18 were fined from 30,000 to 80,000 RMB. The increases were rolled back and generally the price of rice noodles in the region has returned to normal levels.

¡°This appears to be the first report of the application of the provisions of Article 13 of the AML regarding monopoly agreements, and the first report of action by the NDRC,¡± commented Edward E. Lehman, Managing Director of Lehman, Lee & Xu. We will keep close watch on the progress of this event as well as on any other further actions in the enforcement of the AML in China....

China Business 0 Comment March 31, 2010, 3:55 pm

Intellectual Property Rights Customs Protection Regulations Amended in China

The State Council has amended and released the ¡°Regulations of the People¡¯s Republic of China on the Customs Protection of Intellectual Property Rights¡± with effect from April 1, 2010. Article 11 has been revised as ¡°In case of any change to the registration of an intellectual property right, the right holder shall go through a registration alteration or cancellation process at the General Administration of Customs.¡± Paragraph 1 under Article 23 has been revised as ¡°After applying to the Customs for protection, the right holder may, in accordance with the provisions in the Trademark Law, the Copyright Law, the Patent Law or other relevant laws, apply to the people¡¯s court for the stopping of the infringement act or taking property preservation measures with respect to the goods being detained for alleged infringement.¡± An item under Article 24 has been inserted as Item 5, which states: ¡°Where, before Customs confirms that the alleged infringement goods being detained are infringement goods, the right holder withdraws the application for detaining the alleged infringement goods¡±.

¡°Regulations of the People¡¯s Republic of China on the Customs Protection of Intellectual Property Rights is just one of the Chinese IP laws that have been amended and will take effect on April 1, 2010. The other is the amendment to the Copyright Law of China¡±, commended John Lee, Senior Attorney of Lehman, Lee & Xu. ¡°The amendment of those laws marked another big progress China has made in its efforts to establish a strong IP law system,¡± Mr. Lee added.

China Law 0 Comment March 30, 2010, 5:43 pm

NPC Passes Second Amendments To Copyright Law

Beijing, China - March 30, 2010 - The National People's Congress (NPC) has passed the second amendments to the Copyright Law and published the full text of the amended Copyright Law, which will come into force on 1 April 2010. Article 4 has been amended such that "Copyright owners must not act in breach of the Constitutional Law and other laws or in conflict with the public interests in exercising their copyrights. This Country shall lawfully supervise publications and circulations of works". A new article has been inserted to become Article 26, which provides that "To pledge a copyright, the pledgor and pledgee concerned shall complete the pledge registration with the copyright authority under the State Council.

Edward E. Lehman, Managing Director of Lehman, Lee & Xu commented: ¡°the new amendments are general and small in amount, but it shows that the Chinese legislators are ready to make changes with the progress of the society. It is expected more amendments will be made in future when necessary.¡±

China Law 0 Comment March 30, 2010, 11:56 am

Notice On Commencing the Use of The "Foreign-Invested Partnership Business Licence" And "Foreign-Invested Partnership's Branch Business Licence"

To administrations of industry and commerce and market supervision administrations in all provinces, autonomous regions, municipalities and separately planned cities as well as sub-provincial cities:

The "Measures On Administering The Establishment Of Partnerships In China By Foreign Enterprises Or Individuals" (the Measures) issued by the State Council will come into force on 1 March 2010. For the purpose of fully implementing the Measures, the State Administration for Industry and Commerce has consulted the "Partnership Law", "Measures on Administering the Partnership Registration", Measures and "Provisions on the Administration of the Foreign-Invested Partnership Registration" to formulate the "Foreign-Invested Partnership Business Licence" (the Licence) and "Foreign-Invested Partnership's Branch Business Licence" (the Branch Business Licence), which are in use on and after 1 March 2010. The relevant issues are hereby announced as follows:

I. Design of the Business Licence and Branch Business Licence

(1) The Business Licence and Branch Business Licence are issued in duplicate. The original is to be hung with the size of 420mm¡Á297mm. The copy is foldable with the size of 210mm¡Á297mm. The copies of the both Licences are carried by deep greed folder.

(2) The original of the Business Licence contains the national emblem of the People's Republic of China, name of the Licence, registration details, expression of "Printed by State Administration for Industry and Commerce of the People's Republic of China" and security logos. The copy of the Business Licence as well as the original and copy of the Branch Business Licence does not contain the national emblem but the rest of the contents is same as those on the original of the Business Licence.

II. Contents of the Business Licence and Branch Business Licence

(1) The original and copy of the Business Licence indicate the term, "Foreign-Invested Partnership Business Licence" as well as the registration details: registration number, name, principal business venue, executive partner(s), scope of business, partners, term of the partnership, incorporation date, registry, issue date (dd/mm/yyyy) and notes.

(2) The original and copy of the Branch Business Licence indicate the term, "Foreign-Invested Partnership's Branch Business Licence" as well as the registration details: registration number, name, business venue, head officer, scope of business, incorporation date, registry, issue date (dd/mm/yyyy) and notes.

(3) The originals and copies of the Business Licence and Branch Business Licence indicate the expression of "Printed by State Administration for Industry and Commerce of the People's Republic of China".

III. Format and Printing

(1) The formats of the Business Licence and Branch Business Licence shall be determined and announced by State Administration for Industry and Commerce.

(2) The Business Licence and Branch Business Licence shall be printed by the State Administration for Industry and Commerce.

State Administration for Industry and Commerce

12 February 2010

China Law 0 Comment March 18, 2010, 5:59 pm

Current Trends in Technology and Manufacturing

On Wednesday, March 17, AmCham China Offices, Beijing, in conjunction with AmCham-China¡¯s Manufacturing and Sourcing Forum and IT Forum, will be hosting a seminar on the current trends in technology and manufacturing. The keynote speaker will be Dr. Pat Gelsinger, president and COO of Infrastructure Products at EMC, a market leader in information management. As the current head for EMC's Infrastructure and Products Group, Dr. Gelsinger is a leader in both technology and business innovation. Topics to be discussed include: discuss cloud computing, the role of innovation and technology in the manufacturing sector in China and in Asia as a whole.

For any information regarding the technology or manufacturing sectors in China, please contact Lehman, Lee & Xu at mail@lehmanlaw.com or visit the firms website at www.lehmanlaw.com.

China Law 1 Comment March 12, 2010, 3:17 pm

A Golden Opportunity

With it¡¯s rich natural resource deposits and close proximity to both China and Russia, It comes as a surprise that Mongolia has not been tapped for its resources during the recent worldwide mining boom. But this impoverished, agrarian country entirely missed out on the recent boom, hindered by its own overzealous legal restrictions and a government hungry for large shares of mining profits.

Recently, Mongolia has received a lot of international attention. This is, in part, a direct result of Parliament¡¯s decision to revoke four 2006 mining laws and shift their attention to seeking foreign investment. The important laws that have been revoked include a ¡°windfall tax¡± which extracted a 68% tax on all gold and copper sales. Another revoked law gave Parliament a 34% stake in non-government financed projects and a 50% stake in government financed projects.

After Parliament¡¯s change of heart, the ¡°windfall tax¡± is thrown out and the regime takes a flat 34% stake in all mines.

The looser restrictions have encouraged and allowed companies like Ivanhoe Mines and Rio Tinto to invest and develop the $3 billion Oyu Tolgoi, the Holy Grail of gold and copper mines. The Oyu Tolgoi, located in the Gobi Desert just north of China, is one of the world¡¯s biggest and untapped gold and copper mines.

Oyu Tolgoi would be Mongolia¡¯s first major mining project- and what a doozy it would be! With production slated to begin in 2013, the mine is estimated to produce 450,000 tons of copper and 330,000 ounces of gold annually for the next 45 years. That is roughly 3% of the current world¡¯s supply.

¡°That could almost double the country¡¯s GDP, which is roughly $5 billion today¡± says Edward Lehman, Managing Partner at Lehman, Lee & Xu, Mongolia¡¯s first and only international law firm.

¡°There is a lot of opportunity here. Mongolia is playing a larger part in the global economy by the day.¡± he said in a press conference.

One of the largest beneficiaries of the increase in mining could potentially be China. Mongolia is rich in coking coal, unlike China, who typically imports large amounts from a distant Australia. According to the World Bank, Mongolian coal exports could reach 45 million tons, which would be an increase from 5 million tons currently.

¡°We are first movers here. We know the local companies and key decision makers here better than anyone.¡± Edward Lehman stated.

¡°At Lehman, Lee & Xu we are in the business of providing the best service possible for our clients. By establishing an office in Mongolia, we felt we put ourselves in a position to achieve that goal and we are extremely excited about the prospects¡± he added.

For more information about Lehman, Lee & Xu, please visit the firm¡¯s website at www.lehmanlaw.com or feel free to email the Beijing office at mail@lehmanlaw.com.

China Law 0 Comment March 11, 2010, 4:49 pm

Managing the Increasing Price of Chinese Real Estate

Taking a lesson from the collapse of the American real estate market that overwhelmingly contributed to the current global financial crisis, the Chinese government has had the difficult task of reigning in easy credit without stifling the market. The soaring price of housing coupled with the plunging sales of new homes has created anxiety that credit must be tightened further if the property bubble does not being to show signs of substantial shrinkage. Although the Lunar New Year holiday is always a slack time for the economy, real estate transactions involving the sale of new homes were unusually slow, with Shanghai reporting the lowest volume of sold square meters in 5 years. Unyielding prices, low supply, and uncertainties about whether the government will continue to implement policies to cool down the overheated real estate market, have contributed to the current buyer freeze.

This is a topic of hot debate in the current joint session of the legislature, with many suggesting a change in the land-auction system so that price isn't the only determining factor. Also being discussed are ways to reduce local governments' excessive reliance on revenue from land transfers. More than 1.08 trillion yuan (US$158 billion) was collected from land transfers in 70 major Chinese cities last year, an increase of 140 percent from 2008, according to China Index Academy, a major real estate research organization.

The high prices, especially in inner city districts, have been maintained due to short supply. Many real estate developers are more reluctant to put their homes on the market when few people are actually buying. New home supply in Shanghai, for example, plunged 70% to 220,000 square meters last month, following a dive of 47% in January.

The lower volumes, however, were accompanied by the highest average prices on record. Last month, the average price of existing properties rose 11 percent from January to 15,200 yuan per square meter, the first time prices have climbed above the 15,000 yuan mark.

¡°The repercussions of an inflated real estate market have been a painful lesson to the world,¡± Scott Garner, director of the Lehman, Lee, and Xu Shanghai office commented. ¡°Fortunately, our firm has substantial real estate experience regarding preparation of all types of acquisition and transfer of property land use and lease rights documentation, advising services to landlords, tenants, and real estate brokerage companies, as well as well as a multi-city base where we closely monitor all fluctuations in the Chinese market. We have the ability to custom tailor our services to both foreign and domestic clients.¡±

For more information about Lehman, Lee & Xu, please visit the firm's website at www.lehmanlaw.com or feel free to e-mail the Beijing office at mail@lehmanlaw.com

By: Morgan Crank

China Law 0 Comment March 11, 2010, 3:56 pm

China¡¯s Export Surge

China experienced a nearly 50% increase in exports for February, reaching $94.5 billion US dollars. China's exports surged more than expected in February as imports continued strong growth, indicative of a robust domestic economy and signs of recovery from the global financial crisis. Domestic demand will remain robust in the near future, enabling imports to retain the fast expansion China has seen since the end of last year. China's exports jumped 45.7% in February from a year earlier to US$94.5 billion, sharply up from 21 percent in January.

Trade surplus narrowed to US$7.6 billion last month from $14.1 billion (US) in January and $18.4 billion (US) in December. China's waning trade surplus is mainly due to more trade with emerging markets and new markets. For example, China's trade Brazil climbed 88.5% from a year earlier, the fastest among all of its trading partners. Despite the declining trade surplus, the nation will face more calls for appreciation of the yuan.

The revival of Chinese exports simultaneously escalated trade disputes. Its traditional trading partners, like the European Union and the United States, continue to demand a stronger yuan. However, any rise in the yuan's exchange rate would assuredly be gradual and controlled. The US has announced a slew of rulings against imports from China. In the past three months, the US has decided to levy tariffs on Chinese-made potassium phosphate salts, coated paper, steel tubes, gift-wrapping ribbons, electric blankets and wire deckings. China was targeted in 116 anti-dumping and anti-subsidy cases last year, with more than US$12 billion involved.

Edward Lehman, Senior attorney of Lehman, Lee, and Xu Law Firm stated, ¡°Many of our international trade and marketing clients request our expert advice concerning barter trade, product buyback, clearing account trade, compensation trade, counter-purchase and export import licenses, Certificates of Origin, and commodities inspection. The highly trained Lehman, Lee & Xu team of international practice attorneys has extensive experience in the complex import and export laws, including customs, and in assisting clients with their processing and assembly arrangements in China. We encourage our clients to consult with us, whether they are domestic or international businesses, small or large, at any one of our many offices throughout China.¡±

For more information about Lehman, Lee & Xu, please visit the firm's website at www.lehmanlaw.com or feel free to e-mail the Beijing office at mail@lehmanlaw.com

By: Morgan Crank

China Law 0 Comment March 11, 2010, 3:27 pm

The Future of Chinese Economic Planning: The Issues of 2010

The Chinese government certainly appreciates the delicate balance economic policy must strike between sustaining healthy, rapid economic development and transforming into a more domestic-consumption fueled nation. Stimulating domestic spending is necessary, but not sufficient to achieve a healthy economy in 2010.

This year is a crucial year in which China must stabilize its exports to ensure an 8% GDP growth, yet encourage and adjust current economic structure to support more domestic spending, a combination of which is vital to fend off the current global financial crisis. Furthermore, China seeks to achieve the targets of the 11th Five-Year plan and build the foundation for the 12th, putting equal emphasis on natural resource tax reform and the overall improvement of people¡¯s livelihood.

It is a common concern of the deputies to the NPC and CPPCC as well as the Chinese people to see whether China's economy can make a smooth transformation in 2010 in order to prevent an overheated economy and forestall a risky bubble in the real estate market, all the while managing capital inflow as well as currency reevaluation.

With its economic plate rather full, China presents itself as willing and capable to tackle the most pressing issues of 2010. The strength of its economy and people has been tested, and its businesses have proved durable and productive. As a top-3 Chinese law firm, Lehman, Lee, and Xu has experience in corporate business services, inbound and outbound investment, intellectual property, mergers, and acquisitions, and a variety of other services necessary to the thriving world of Chinese business. Scott Garner, director of the Shanghai office, stated ¡°We are especially excited about the business opportunities the upcoming World Expo is going to bring to China. Guaranteed to be a source of wealth for domestic growth, our services at Lehman, Lee, and Xu can be tailored to suit the needs of our customers, strengthened by the experience we have had in previous events such as the 2008 Beijing Olympics. The quality of the Chinese economy is sure to shine in the upcoming months.¡±

For more information about Lehman, Lee & Xu, please visit the firm's website at www.lehmanlaw.com or feel free to e-mail the Beijing office at mail@lehmanlaw.com.

By Morgan Crank...

China Culture 0 Comment March 9, 2010, 4:07 pm

Plan to Subsidies Electronic Cars

Alexander Pan, March 9, 2010
Beijing, China

In a move to help alleviate the ever worsening air quality in Beijing, Miao Wei, vice-minister of Industry and Information Technology and deputy to the National People's Congress announced recently that the government plans to unveil a plan to subsidize the private purchases of electronic motor cars.

Experts speculate that the plan with offer between a 50,000-60,000 RMB Government subsidy for Beijing resident who purchase environmentally friendly, and emission free electronic cars.

The official plan will likely be revealed later this month. It is also likely the up to five cities will be chosen as pilot programs, depending on the programs success in these areas, Chinese citizens may expect to see these subsidies at a nation wide level.

Edward Lehman, Managing director of Lehman, Lee, and Xu said that ¡±This plan is yet another step in the right direction for China¡¯s environment. The Chinese government has repeatedly stated that it will take steps to reduce its environmental impact, and programs like this prove that China is committed to the cause.¡±

China Law 0 Comment March 9, 2010, 11:30 am

Government Officials Attempt to Deflate the Housing Bubble Before it Bursts

Alexander Pan, March 9, 2010
Beijing, China.

Beijing¡¯s Exorbitant, and rapidly increasing housing prices have come under fire from many senior government officials at the national legislative meeting. The officials are demanding that housing prices be contained fearing that any further increases could lead to a bursting of the housing bubble, and consequently a massive economic downturn similar to America¡¯s recent housing bust.

Du Deyin, a senior Beijing official and head of the Beijing's local legislative body implicated in a bold speech that Beijing¡¯s land resources and construction authorities were not doing their jobs.

Many experts on Beijing¡¯s housing market claim that for year Beijing¡¯s housing prices have been manipulated and pumped up through collaborations between real estate dealers and government officials. They claim that officials award lucrative land deals to major real estate developers in return for a hefty tax paid back to the government.

Du Deyin explicitly condemned this practice saying Instead of encouraging real estate dealers to snap up lucrative land deals, authorities should control land prices and offer special funds to house buyers."

The central governments work report charged local authorities with curbing this excessive growth of home prices in major cities and satisfy the publics basic need for housing.

These demands to curb housing prices come as overwhelming signs of a housing bubble begin to emerge. In Beijing, the average housing prices in popular residential areas increased from approximately 15,000 yuan per sq m to 20,000 yuan per sq m in 2009. Preliminary reports said the capital's property market saw a total increase of 23.5 percent last year, the major reason seemed to be government's failure to provide enough land resources for low-cost housing.

Government Officials are not only worried about the possible collapse of this potential bubble, but also recognize that the rapidly increase price of housing has made it extremely difficult for low income families to secure housing in major cities. This could potentially balloon in a major point of civil unrest.

Some actions have already been taken by government officials including a new plan that will allocate fifty percent of new land for construction to low cost apartments for the mass middle income earners. Also more than 134,000 subsidized apartments will be built to meet the needs of low income residents.

Edward Lehman, Managing Director of Lehman, Lee and Xu said that ¡° The Central Government should be applauded for recognizing the signs of a housing bubble and taking the appropriate precautions to deflate this bubble before it bursts. The government¡¯s actions to ensure housing for the lower and middle classes are also commendable. We at Lehman Lee and Xu have a great deal of experience in dealing with these types of market fluctuations and look forward to helping our clients deal with and take advantage of the current market condition.¡±

The LEHMAN, LEE & XU Real Estate team is comprised of both Chinese and foreign lawyers with many years of experience in all types of real estate transactions. This diversity of experience and foreign expertise enables LEHMAN, LEE & XU to provide creative, accurate and economical legal services to its clients.

With China's rapidly expanding economy there is an increased need for residential housing, commercial space and industrial parks that are structured to meet the unique requirements of the Chinese population. With the experience and background of various lawyers in our Real Estate group, we can provide the expert advice needed by real estate developers to formulate and complete innovative real estate projects in all parts of the country.

As LEHMAN, LEE & XU is also one of the oldest registered law firms in China, we take pride in the fact that we can provide real estate legal services to both Chinese and foreign clients. This fact is extremely important in dealing with real estate matters in China as it gives LEHMAN, LEE & XU the ability to finalize real estate transactions quickly and efficiently.

For more information please visit www.lehmanlaw.com....

China Law 0 Comment March 9, 2010, 11:25 am




China News 0 Comment March 8, 2010, 11:07 am

China¡¯s Billionaire Boom

AmCham Shanghai and Forbes Magazine will be hosting an event Wednesday March 10 from 11:30- 13:00 at the Four Seasons Hotel. as Forbes Shanghai bureau chief Russell Flannery unveils one of its most popular reports around the world ¨C the annual Forbes Billionaires List. Russell will interpret the fresh-off-the-press results in a presentation titled: "China's Billionaire Boom: Opportunities for Foreign Businesses." The presentation will be followed by a panel discussion among Chinese entrepreneurs and experts about the prospects for future business cooperation between fast-growing private sector companies in China and foreign businesses.

Russell Flannery is the senior editor of Forbes Magazine in Shanghai. He will be introduced by panel speaker Liang Xinjun. Liang Xinjun is co-founder of Fosun Group, China¡¯s largest private company founded in Shanghai. Liang is also a member of the 2009 Forbes Rich List.

When asked to comment on the event, Edward Lehman, Managing Director of Lehman, Lee and Xu, one of the largest and also privately owned law firms based in China stated, ¡° It is great two see two organizations that I have such great respect and support for come together. As the former president of AmCham Shanghai and an avid Forbes Magazine reader, I am very excited about the event and it is something I have been anticipating for quite some time.¡±

The event should be particularly interesting coming off the news of giant American private equity firm forming their first RMB fund in conjunction with Fosun Group. Carlyle is the first among the private equity industry¡¯s global elite to take this giant step forward in raising renminbi in partnership with a leading Chinese private company. When asked to comment, Edward Lehman stated, ¡°It marks an important milestone in the short but impressive history of private equity in China, and points the way forward for many of the private equity firms already established in China.¡±

For more information on this event or more information regarding the establishment of a renminbi fund, please visit www.lehmanlaw.com or contact Quinn Stepan at qstepan@lehmanlaw.com

Lehman, Lee & Xu is one of the first five private law firms established in the People's Republic of China. After nearly twenty years of practice and development, Lehman, Lee & Xu now has more than two hundred patent, trademark and PRC-licensed attorneys working in numerous branch offices located in the most-developed cities in China. As one of the leading IP firms in China, Lehman, Lee & Xu provides high quality legal service to its clients and has been consistently rated among the top five IP law firms in China. Lehman, Lee & Xu is also a top-three commercial law firm, and has provided a variety of commercial legal services to hundreds of clients, many of them multinational corporations (MNCs) and Fortune 100 companies. The firm's diverse catalog of commercial services covers foreign direct investment (FDI), merger and acquisition (M&A), tax, employment and many other areas.

China News 0 Comment March 5, 2010, 9:12 am

The Yuan Also Rises

President Obama stated recently that he will take a ¡°tough stance¡± against the valuation of the yuan and that it will be a priority topic in international strategic economic development discussions. Obama said in a Feb. 9 interview with Bloomberg BusinessWeek that China¡¯s ¡°currency policies are impeding the rebalancing that¡¯s necessary¡± in the global economy, and also is leading to a bubble in the Chinese economy. The argument, bordering on statement, is the weak Yuan creates a huge trade surplus for China and an imbalance in international trade. Many people in the international community, particularly in the United States, feel that a reevaluation would likely accelerate the growth of their exports to China.

Growing up, whenever I did not get along with another child or a sibling, my mother would always say to me, ¡°maybe it is you who needs to change Quinn. Have you done everything you can to make this work?¡±

I think it is time Mom has a sit down with Barrack. I envision the lecture going something like this (in a wise motherly voice) , ¡°You cannot control other people Barrack. Is there anyway you can change yourself to get along better with China? Are there any newly instituted or significant incentives to encourage American manufacturers to come back home?¡±

Today, the United States is not a desirable place to build new factories and manufacturing plants. The United States invents a lot of the technologies produced but is an extremely small player in global production. Sure, there are the labor cost issues, but for many of these products require the same high skilled and high paid engineers and managers that can be found in any factory in the world. You can also offset the labor costs with the cost of shipment.

Why is the United States losing out on production output? Forget foreign exchange rates. It is not materials; they cost the same everywhere. If you go down the list, everything seems to match up pretty well, EXCEPT TAX POLICIES AND SUBSIDIES.

The Yuan will eventually be revalued. I believe China is currently keeping the value low to stem job loss and they are most likely torn between a one off increase or a gradual increase, fearing the gradual will bring fast cash into an already booming economy and create more headaches for a government in the midst of fighting off inflation.

Will the increased value of the Yuan bring manufacturers back to the US? Absolutely not. You have already scared them away. And all this talk about taxing American companies foreign income (which gets no press by the way), let¡¯s not lose our corporations as well.

China News 1 Comment March 4, 2010, 5:48 pm

Edward Lehman Selected to Who's Who International Trademark Lawyer 2010

Edward Lehman of Lehman, Lee, and Xu has been named one of the best Trademark lawyers in China by the International Legal Who's Who 2010. This award accompanies Mr. Lehman¡¯s award from the same publication as one of China¡¯s best Franchise lawyers.

Lehman, Lee & Xu is a prominent Chinese corporate law firm and trademark and patent agency with offices in Beijing, Shanghai, Shenzhen, Hong Kong, Macau, and Mongolia. The firm has also been recognized as one of the top trademark firms in China by several intellectual property magazines. The law firm is managed by Mr. Edward Lehman, a leading expert on corporate law with 20 years of practice experience in Mainland China.

Who¡¯s Who is an independent research firm that was named the Strategic Research Partner of the ABA Section of International Law, in addition to its position as Official Research Partner of the International Bar Association. The firm compiles thousands of nominations from clients and private professionals to determine the leading individuals in their respected practice areas. The winners were formally announced in the The International Who's Who of Franchise Lawyers 2009....

Podcast 0 Comment March 2, 2010, 4:30 pm

China Prioritizes Economic Growth over Environmental Conservation

Alexander Pan, March 2, 2010
Beijing, China

China sent a clear message to the world community last week that it will not put a fixed cap on its green house gas emissions. Indicating that while China will do what it can to significantly reduce its environmental impact, it will continue to prioritize economic growth over environmental conservation.

China top climate change negotiator at the climate change talks in Copenhagen Su Wei, said that China ¡°could not and should not¡± place an upper limit on its green house gas emissions. But rather should focus on reducing its green house gas emissions per unit of GDP in order to become a more environmentally efficient economy.

Experts claim that a fixed cap on green house gas emissions is unrealistic and unfair for China claiming that China is still a developing economy and it not yet fully industrialized thus it needs to look after the welfare of its people and the eradication of poverty before it can consider limiting economic growth in favor of environmental conservation.

This claim is consistent with historical evidence and an economic theory know as the ¡°Environmental Kuznets Crve¡± in which countries, as they begin to industrialize, do so with little to no regard for the environment; however, as these countries reach a certain point of development they begin to place a greater importance on minimizing their environmental impact.

While China may not be willing to cap greenhouse gas emissions, it appears that China is rapidly approaching, if not already past the apex of this environmental kuznets curve and will imminently begin growing more environmentally conscious.

Major indications such as China¡¯s new five year plan promises that China will make major strides in improving the environmental efficiency of its economy

While many developed nations would rather see a fixed cap put in place, many developing nations sympathize and agree with China¡¯s Green Growth strategy arguing that it is much easier for industrialized and developed nations to cap their emissions than it is for developing nations whose primary industry is int he emissions intensive manufacturing sector.

Edward Lehman managing director of Lehman, Lee and Xu said that£¢This is a perfect example of the west¡¯s lack of understanding for the problems and issues faced by the Chinese economy. While China clearly must work to become a ¡®greener¡¯ economy, it can not do so at the expense of economic growth. We here at Lehman Lee and Xu look forward to offering our experience and knowledge of Chinese economy to our clients, and helping them to navigate the myriad of new regulations that will undoubtedly accompany China¡¯green growth plan¡±

Lehman, Lee & Xu¡¯s Energy & Resources law practice is built on the firm¡¯s strength in the fields of project development and project financing, corporate, taxation and dispute resolution. Our strengths and experiences have resulted in a strong foundation for the representation of energy-related industries.
Our lawyers have extensive experience in handling the approval, development and financing of oil and gas related projects and independent power production facilities, with a particular focus on renewable energy sources, such as wind and solar power, hydro-electricity and biomass...

China Law 0 Comment March 2, 2010, 3:11 pm

China¡¯s Working Population in Flux

By Morgan Crank
March 2, 2010

China¡¯s rural population may decrease by over 50% over the next three decades due to rising urbanization, dropping to 400 million people from the current 900 million. A large portion of these people are migrant workers who are moving into cities, but are not permanent residents. In fact, one in four residents currently in cities come from the rural population. The demographics of these migrant workers show that they are young people reluctant to go back to the countryside, seeking to establish a more urban lifestyle.

With this influx of migrant workers comes valuable goods and services as well as a substantial increase the cities¡¯ tax bases. The matter of migrant workers receiving their duly deserved social benefits follows close behind. As the importance of migrant workers to city life is being felt more and more every day, the low wages the migrants receive makes them unwilling or unable to remain for prolonged periods of time. A major policy document released last month addressed the new generation of migrant workers making it clear that the government is striving to reform the household registration system in cities, enabling the workers to receive more social benefits. Reforms would bring enticing benefits in education, housing, as well as social security.

¡°The gravitation of people all throughout China to its prosperous urban areas attests to the nation¡¯s growing economic strength and windows of opportunity,¡± stated Scott Garner, director of Lehman, Lee, and Xu law firm¡¯s Shanghai office. ¡°We have experience assisting our clients in negotiating and drafting employment contracts, advise them on governmental health and safety requirements and employee benefits, and assist with employment-related dispute settlement.¡±

Lehman, Lee & Xu is one of the first five private law firms established in the People's Republic of China. After nearly twenty years of practice and development, Lehman, Lee & Xu now has more than two hundred patent, trademark and PRC-licensed attorneys working in numerous branch offices located in the most-developed cities in China. As one of the leading IP firms in China, Lehman, Lee & Xu provides high quality legal service to its clients and has been consistently rated among the top five IP law firms in China. Lehman, Lee & Xu is also a top-three commercial law firm, and has provided a variety of commercial legal services to hundreds of clients, many of them multinational corporations (MNCs) and Fortune 100 companies. The firm's diverse catalog of commercial services covers foreign direct investment (FDI), merger and acquisition (M&A), tax, employment and many other areas.

For more information about Lehman, Lee & Xu, please visit the firm's website at www.lehmanlaw.com

China Law 0 Comment March 2, 2010, 11:44 am

Regulating Real Estate: Government Restriction on Foreign Investment

By Morgan Crank
March 2, 2010

Government policy resuming restrictions on local real estate purchases by foreigners is not expected to hurt premium property sales, many in the real estate market contend.

The government has chosen to reinstate its limitation on foreigners purchasing local real estate in China, after it had temporarily suspended the measure in the wake of the global financial crisis. Until last week, the government had suspended this in order to encourage foreign investment and strengthen the property market. Now, foreigners are able to buy only one apartment each in Beijing, and must prove one year¡¯s worth of study or work on the Chinese mainland as a precondition for purchase.

Alongside 11 other policies released by the municipal government, this move is intended to make housing more affordable and curtain price manipulation and speculation, widely regarded as root causes of the financial crisis in the American real estate market. Beijing is looking inward to encourage domestic demand rather than investment-led demand coming from foreigners.
The effect may be limited, however, due to the relatively low number of foreigners actually purchasing high-end real estate, comprising no more than 5% of the market in Beijing. In fact, foreigners mostly prefer to buy high-quality houses, and usually pay for them in one payment due to difficulties in acquiring loans on the Chinese mainland. Some luxury housing projects may be affected, for example by lowering their prices, but any extensive impact on the Beijing property market may be small.

¡°The world has seen the impact that the real estate market can have on the global economy,¡± Edward Lehman, senior attorney at Lehman, Lee, and Xu, stated. ¡°We specialize in Chinese real estate law and have the substantial knowledge necessary to assist our clients. Lehman, Lee, and Xu maintains up-to-date information on Chinese real estate law and can customize our services to fit the needs of our business clients. Since every area of China experiences variations in its real estate markets, we encourage our clients to visit any one of our offices throughout the nation so that we can specialize accordingly.¡±

Lehman, Lee & Xu is one of the first five private law firms established in the People's Republic of China. After nearly twenty years of practice and development, Lehman, Lee & Xu now has more than two hundred patent, trademark and PRC-licensed attorneys working in numerous branch offices located in the most-developed cities in China. As one of the leading IP firms in China, Lehman, Lee & Xu provides high quality legal service to its clients and has been consistently rated among the top five IP law firms in China. Lehman, Lee & Xu is also a top-three commercial law firm, and has provided a variety of commercial legal services to hundreds of clients, many of them multinational corporations (MNCs) and Fortune 100 companies. The firm's diverse catalog of commercial services covers foreign direct investment (FDI), merger and acquisition (M&A), tax, employment and many other areas.

For more information about Lehman, Lee & Xu, please visit the firm's website at www.lehmanlaw.com

China Law 0 Comment March 2, 2010, 11:42 am