China Lawyer Online-Guangdong Asia Pacific Law Firm

Here at SourceJuice.com we get many questions from those beginning to source and import from China on how to pay Chinese suppliers from small to medium sized businesses to individuals starting their own business. For most people new to sourcing and importing from China, paying a Chinese supplier can be a very tough task and involve significant financial risk. Starting with this article, we will cover a variety of payment terms and resources from various websites that will help you learn from the experiences of many people and companies. In future articles we will go into more detail on the most widely used payment terms listed below which will be reviewed here.
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Two United States Senators are preparing to introduce a bipartisan bill Thursday that would give residence visas to foreigners who spend at least $500,000 to buy houses in the U.S. This will give a great opportunity for Chinese investors. The idea has some high-profile supporters, including Warren Buffett, who this summer floated the idea of encouraging more "rich immigrants" to buy homes.

   Do not worry, Chinese law has been relatively healthy, as long as handled properly, it would risk into peace. My name is Zhao Li, a lawyer, specializing in criminal law, and now give you some suggestions:

    If you are interrogated by the investigation organ only , but not to adopt compulsory measures, you should notify your own country’s embassy to seek their help immediately. This process must be fast, because the crime may after your personal freedom is restricted in China at any time. You must know the name of the investigation, you can ask the police, specific to which the police station, which the vice squad, a few teams, handling What is his name. And record these routines available to the embassy.

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Memorandum

The start-up of export or import operation requires the consent of the two parties (buyer and seller). This agreement takes shape generally by means of a sale contract, which aims at dividing the expenses and risks between the seller and the buyer. The drafting of this contract is of prime importance, for, it facilitates the trade and exchange and especially avoids disputes. The international sale contract is governed by different rules having the objective of harmonizing and facilitating international trade and exchange.

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Two United States Senators are preparing to introduce a bipartisan bill Thursday that would give residence visas to foreigners who spend at least $500,000 to buy houses in the U.S. This will give a great opportunity for Chinese investors. The idea has some high-profile supporters, including Warren Buffett, who this summer floated the idea of encouraging more "rich immigrants" to buy homes.

Foreign corporations and individuals are increasingly aware the importance of protecting their intellectual property rights in China, where piracy is deemed as a major problem when they are doing business in China.

> LEGAL DEFENSES RELATED WITH OWN TRADEMARK REGISTRATION

Response to Office action

After presentation of your Chinese Trademark Registration Request before the Trademarks Office (TO), is possible that the trademark may be rejected for several reasons -- similarity with another, very generic, famous outside the country, etc. The Response to Office action consists of presenting a legal writing before the TO in an attempt to reverse the decision.

In the case of an action concerning a contract dispute or　other　disputes over property rights and interests, brought against a defendant who has no domicile within the territory of the People's Republic of　China,　if　the contract is signed or performed　within　the　territory　of　the　People's　Republic of China, or if the object of the action is located　within　the territory of the People's Republic of　China,　or　if　the　defendant　has distrainable property within the territory of　the　People's　Republic　of China, or if the　defendant　has　its　representative　office　within　the territory of the People's Republic of China, the　people's　court　of　the 　place where the contract is signed or performed, or where　the　object　of the action is, or where the defendant's distrainable property is　located, or where the torts are　done,　or　where　the　defendant's　representative office is located, shall have jurisdiction.
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What are the standards for jurisdiction over trials of first instance of civil and commercial cases of the higher people’s courts and the intermediate people’s courts of Shanghai Municipality?

The Higher People’s Court shall have jurisdiction over the trial of first instance of a civil or commercial case with the subject matter of action at a value of at least 200 million yuan, and the trial of first instance of a civil or commercial case where the place of domicile of one party is outside its territorial jurisdiction or the trial of first instance of a civil case where a foreign, Hong Kong, Macao or Taiwan element is involved with the subject matter of action at a value of at least 100 million yuan.
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The scheduling staff shall, for the cases filed on spot, enter the location of trial, cause of action and the date of schedule into the trial management system based on the determination of judge responsible for case filing and deliver the copy of notification of acceptance, letter of confirmation of the service location of legal documents, notification of adducing evidence, notification of appearing in court for authorized agent, Pay-Fee notice and writ of summons to the plaintiff. For those cases not filed on spot, the above stated materials shall be served via express mail.
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When a case is filed to court, the court firstly examines the statement of claim and its attached documents. After examination, if the case meets the requirements of acceptance, the People’s Court shall place the case on the docket immediately and make the schedule as well. The schedule shall specify whether or not the case shall firstly enter the proceedings of evidence exchange or hearing of court session, and also determine the time, location, presiding judge or evidence exchange.
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1, Grave and complicated cases in areas under their jurisdiction.
 

2, the ordinary civil cases with subject matter not less than RMB 10,000,000; civil cases involving Hong Kong, Macao, Taiwan and foreign elements with subject matter between RMB 1,000,000 to 80,000,000 (include referred number)
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To facilitate the proceedings of the people, to help the parties avoid the common risk of civil action, to reduce unnecessary losses, in accordance with "General Principles of Civil Law of the People's Republic of China" and " the Civil Procedure Law of the People's Republic of China" and “Some Provisions of the Supreme People's Court on Evidence in Civil Procedure” and other laws and judicial interpretations, the common risk of civil action are hinted now as follows:
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Dispute concerning infringement, breach of contract;
· International commercial contract, international trade and maritime disputes;
· Investigations to infringement upon IP rights, business secrets, and unfair competition;
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when the plaintiff bring a lawsuit, a statement of complaint shall be submitted to the People’s Court and copies of statement shall be provided to according to the number of defendants. The statement shall be clean and not modified. The statement shall be signed by the plaintiff him/herself, if the plaintiff is a company or other organizations, the official seal shall be affixed to it.
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