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2009Deheng Beijing Communication Spring Journal 2009
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w.deheng.com
Index
Recent Deheng Events ................................................................................................... 1
Analysis of Foreign investment in real estate ............................................................ 3
Practical Disposal of Legal obstacles in Real Estate Acquisition .............................. 5
Intellectual property issues in GEM listing ................................................................. 6
What enterprises suit for financing in GEM listing? ................................................. 8
Lawyer Notes
-Legal issues in Company operation and management which exposed by a court case ...... 10
Trademark International Registration and WIPO Dispute Resoluation .................. 11
Deheng Law Firm Group hires International High-end Legal Talent ................ 14
Star Lawyer of Spring Journal: Jiqing Liu
Foreign Senior Legal Adviser, International Business Director ................................ 15
Financing Project Introduction ......................................................................... 17
Address list of Deheng Law Firm Group (Beijing) ...................................................... 19
2009
19
010 85219991 18910170278 jiangqi@deheng
010 85219993 13910196831 [email protected]
010 85219761 13911502261 [email protected]
010 85219100/85219200-806 13606427800 [email protected]
010 85219100/85219200-807 13326391016 [email protected]
010 85219100/85219200-808 13608964889 [email protected]
010 85219100/85219200-815 13326391035 [email protected]
010 85219100/85219200-815 13969692379 [email protected]
010 85219100/85219200-811 13911339858 [email protected]
010 85219100/85219200-812 13501235800 [email protected]
010 85219100/85219200-813 13811856919 [email protected]
010 85219100/85219200-802 13911502261 [email protected]
010 85219100/85219200-812 13501235800 [email protected]
010 85219100/85219200-821 15801338148 [email protected]
010 85219100/85219200-810 13910196831 [email protected]
010 85219100/85219200-810 13869894330 [email protected]
010 85219100/85219200-818 13717594769 [email protected]
010 85219100/85219200-822 15810552780 [email protected]
010 85219100/85219200-811 13911339858 [email protected]
010 85219100/85219200-823 15901095399 [email protected]
010 85219100/85219200-806 13606427800 [email protected]
010 85219100/85219200-816 13910283125 [email protected]
010 85219100/85219200-806 13697670787 [email protected]
010 85219100/85219200-808 13608964889 [email protected]
010 85219100/85219200-820 13381371904 [email protected]
010 85219100/85219200-807 13326391016 [email protected]
010 85219100/85219200-819 13717910115 [email protected]
010 85219100/85219200-819 13355325651 [email protected]
010 85219100/85219200-815 13326391035 [email protected]
010 85219100/85219200-815 13910822387 [email protected]
010 85219100/85219200-817 13439725460 [email protected]
010 85219100/85219200-815 13969692379 [email protected]
010 85219100/85219200-813 13811856919 [email protected]
010 85219100/85219200-826 15010353633 [email protected]
010 85219100/85219200-825 13811148086 [email protected]
010 85219100/85219200-827 13501135887 [email protected]
010 85219100/85219200-828 13126889584 [email protected]
010 85219100/85219200-830 13681471557 [email protected]
CBD 010 85219100/85219200/85219111/85219222 010 85219992
CBD 16 CBD 16 100022
1 2
20092009 2009
Deheng Law Firm Group opens new office in CBD International Mansion
Deheng Law Firm Group won the “ALB China Law Award” again
Deheng second partners’meeting 2009 was held in Beijing
3 4
20092009 2009
Analysis of Foreign investment in real estate
Author:Lawyer- Jiang ChaoMaster of law, China University of PoliticalScience and Law. Department of IntegratedServices, Deheng Law Firm;Professional field:Legal Services of Real Es-tate and CompanyAuthor: Mr. Jiang Chao LawyerBachelor of Law of Peking UniversityAreas of Practice: Real Estate and CorporateAffairs
Practical Disposal of Legal obstacles in Real Estate Acquisition
?Analysis of Foreign investment in real estate
5 6
20092009 2009
7 8
20092009 2009
Author:Lawyer- Wang Haijun
Partner of Deheng Law Firm Group; bach-
elor degree, Yantai University; Master of
Law, Central University of Finance and Eco-
nomics
Professional field:Corporate Governance,
Intellectual Property, Labor and Personnel
What enterprises suit forfinancing in GEM listing?
9 10
Author:Lawyer- Wang Xiaofang
Master of law,Graduate School of Law, China
University of Political Science and Law. Ac-
quired the independent director Qualification
of listed companies in 2006. Director of Secu-
rities Department, Deheng Law Firm Group
Beijing; Chief Legal Adviser of National Asso-
ciation of Local Government Agencies in
Beijing.
20092009 2009
Lawyer Notes
-Legal issues in Company operation and management which
exposed by a court case
11 12
In the globally economic slowdown, many
enterprises continued growth in the use
of the international trademark system un-
derlines the pivotal importance of Intel-
International Trademark Applicaton and WIPODispute Resoluation System
years. Nevertheless, the international
trademark application requires scienctific
strategies, and trademark infringement by
domain names are also the disturbing is-
sues globally, enterprises need protecting
their Interllectual Property Rights effec-
tively under WIPO Dispute Center.
Section 1. The System of International
Trademark Application and Develop-
ment
The most influencing international trade-
mark systems including: Madrid System,
OHIM System, OAPI System, etc.
1. Madrid System: The WIPO-adminis-
tered Madrid System for the International
Marks offers a route to trademark protec-
tion in multiple countries by filing a single
application [referred to: Madrid System],
which is regarded the most effective and
cost-saving way presently. It is adminis-
tered by the International Bureau of WIPO
located in Geneva, Switzerland, the offi-
cial languages are English, French and
Spanish. Until end of 2008, 84 counties
entered the Madried System. For the
fourth consecutive year, China was the
most designated country with 17,829
designations, it demonstrated that China
still would be one of the most booming
economies.
If the trademark office of a designated
country does not refuse protection within
a specified period (normally 12-18
months), the protection of the mark is the
same as if it had been registered by that
Office. One disadvantage is that many
countries are not members of Madride
System currently, however, which have
substantial business relationships with
China; another disadvantage is that Madrid
System based on the registered trademark
or application, it is prevent taking the pri-
ority date which binding by Paris
Convention.
2.The European Community Trademark
[CTM], administered by OHIM, was in-
troduced in 1996 to cover the whole of
the European Union. To date, OHIM has
registered around 500,000 trademarks on
behalf of hundreds of thousands of com-
panies from all over the world. The prin-
ciple of CTM system is also based on
Madrid System, which consists of one
single registration procedure which grants
to its owner an exclusive right in the 27
Member States of the European Union..
The benefit of CTM are simple precedure
that entrust one agency to submit
application, objection, registration or
remove, without authority letter and pri-
ority certificate letter. To the extent, the
exclusive right enters new European coun-
tries automatically in the future. One
disavantage of CTM is that one country
reject the application leads to the rejec-
tion in all countries of the EU; another
disavantage is that the duration of regis-
tration is comparely longer, which is about
15-20 months. In the prior registered trade-
mark issue, CTM provides the chance to
negotiation between the applicant and
objected parties, even in extrem case that
prior party would waive the trademark,
whereas China Trademark Office reject the
application in above issue, which substan-
20092009 2009
lectual Property to business, particularly
within challenging economic times an im-
portant factor for businesses facing the
challenges of the fierce competition. The
amount of international trademark appli-
cations and trademark in P.R.China have
been continually standing one of the top
of the world registrations in the recent
tially protect the effectiveness of the use
in CTM system. At the same time, the fee
of objecting schedule will be paid by the
losing party after the objection, which is
different with payment by objecting party
in China. The disadvantage of CTM is
that applications do not have the exclu-
sive authority during the registration
procedure. It is suggested that enterprises
may choose one designated country to
apply, then apply the CTM trademark
system in some cases.
OAPI System is rarely used in the current
practice, we will not analyze it in this
article.
Section 2 WIPO Arbitration and Me-
diation Center Domain Name Dispute
Service
Trademark infringement is considered dis-
turbing problem globally, domain name
infringement is one of the most outstand-
ing phenomenons. Meantime, Generic
top-level domains(gTLDs) and Internet
Corporation for Assigned Names and
Numbers website (ICANN) will introduce
a substantial amount gTLDs in 2009, it is
regarded as the mailstone in the DNS
system, which should be seriously re-
minded by trademark registers. In the
WIPO 2008 records, Pharmaceutical
manufacturers remained the top filers due
to numerous permutations of protected
names registered for web sites offering or
linking to online sales of medications, oth-
ers are banking and finance, Internet and
IT, retail, and food industries.
WIPO Arbitration and Mediation Center
provides holders of trademark rights with
Author:Lawyer- Jia Chenchen
With 5 years experience, acquired the Na-
tional Futures staff qualification
Professional field:Company, Commercial
and such Non-litigation cases, Litigation and
Arbitration
an administrative mechanism [Uniform
Domain Name Dispute Resolution Policy]
(UDRP) under for the efficient resolution
of disputes arising out of the bad-faith
registration and use by third parties of
Internet domain names corresponding to
those trademark rights from 1999 have
been regared one of the most efficient
mothed. At WIPO 2008 Annual Report,
trademark owners from around the world
have filed some 14,300 such cases with
the Center. UDRP accept 12 languages to
submit the case applications, which in-
cluding Chinese, Spanish, English and
French, and so on, any person or com-
pany in the world can file a domain name
complaint concerning a domain name us-
ing the UDRP Administrative Procedure.
According to the UDRP Policy, the
UDRP Administrative Procedure is only
available for disputes concerning an alleged
abusive registration of a domain name; that
is, which meet the following criteria:
(i) the domain name registered by the do-
main name registrant is identical or con-
fusingly similar to a trademark or ser-
vice mark in which the complainant (the
person or entity bringing the complaint)
has rights; and
(ii) the domain name registrant has no
rights or legitimate interests in respect
of the domain name in question; and
(iii) the domain name has been registered
and is being used in bad faith
There are 30% cases come to the settle-
ment agreement without panal judgement
in 2008, 85% decisions in favor of the
person or entity that filed the Complaint
and order that the disputed domain name
(s) be transferred to that person or
entity, 15% decisions in favor of the
domain name registrant. An Administra-
tive Panel is composed of one or three
independent and impartial persons ap-
pointed by the dispute resolution ser-
vice from over 300 experts over more
than 50 countries. The Administrative
Panel shall forward its decision on the
20092009 2009
13 14
Deheng Law Firm Group hires International High-end Legal Talent
Complaint to the WIPO Center within four-
teen days of its appointment. The accred-
ited domain name registrars - which have
agreed to abide by the UDRP - implement a
decision after a period of ten days, unless
the decision is appealed in court in that time,
this is a relatively rare occurrence in
practice. For the normal cases, panel will
make the judgement in one month, no more
than two months in excep t iona l
circumstances.
In a groundbreaking development, the
WIPO Center has also advocated ICANN’s
establishment of a broad post-delegation
dispute resolution procedure. Such a WIPO
procedure would be made applicable
through new gTLD registry agreements,
which would provide trademark holders
with a mechanism to protect their rights in
the post-delegation conduct of the new
gTLD, by filing an administrative case
against a registry whose manner of opera-
tion is considered to cause or materially
contribute to trademark infringement.
Author: Mr. Jian SUN (LLM)
Practice Area: Intellectual
Property; Foreign Investment;
Corporation Law; Litigation &
Arbitration
Practice Area:
Corporate, Merger & Acquisition, Foreign Direct Investment,
Intellectual Property Protection, Labor & Employment, Dis-
pute Resolution
Education:
Indiana University School of Law, J.D., 1992
Columbia University School of Law, LL.M., 1989
East China Institute of Political Science and Law, Master of
Law, 1987
Shanghai Customs Academy, 1983
Bar Admissions:
Indiana, 1992 ; District of Columbia, 2000
Experience:
Mr. Ji-Qing Liu practices general business, corporate, merger
and acquisition, foreign direct investment, international trade,
labor and employment and non-litigation dispute resolution
(including international arbitration), intellectual property en-
forcement and other legal matters.Before joining De Heng, Mr.
Liu was the Director of International Practice of Butzel Long,
and prior to that, he was the resident partner and chief repre-
sentative of Baker & Daniels Beijing Representative Office.
Mr. Liu has represented multi-national and US/European com-
panies in M&A projects in China, assisting the clients in stra-
tegic planning and negotiations; represented foreign companies
in the protection of their IPR in China, including IP enforcement,
which effectively protected the rights and interests of the clients;
represented numerous US/European companies in the FDI
projects in China; represented several Chinese companies in
the establishment of their overseas entities and construction of
facilities in the US and assisted them in financing and M&A in
the US; and represented numerous foreign and domestic com-
panies in resolution of international trade and investment dis-
putes (including international arbitration).Mr. Liu is also en-
gaged as long-term outside counsel for
20092009
16
Star Lawyer of Spring Journal: Jiqing Liu
Foreign Senior Legal Adviser, International
Business Director
15
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2009
17 18
of mineral water project
This project is located at Songjianghe town, Fusong County.
Project covers an area of about 70,000 square meters. The total
investment is expected to 462 million, normal annual output
value would be 800 million yuan. Payback period would be 6.
5 year(inc 2 yrs construction period).
5 Lumingquan annual production capacity of 300,000 tons
of mineral water project
This project is located at west side of Changbai mountain.
Project covers an area of about 70,000 square meters, Con-
struction area is 32000 square meters. The total investment is
expected to 462 million, payback period would be 5.5 year.
Annual Production value would be 858,000,000 yuan, total
profit would be 128 million yuan.
6 Tianshuiquan annual production capacity of 500,000 tons
of mineral water project
This project is located at west side of Changbai mountain,
Manjiang Town. Project covers an area of about 7 hectare,
Construction area is 32000 square meters. The total invest-
ment is expected to 462 million, payback period would be 6.5
year(incl 2 yrs construction period). Annual Production value
would be 858,000,000 yuan, total profit would be 128 million
yuan.
7 Songjiangquan annual production capacity of 300,000 tons
of mineral water project
This project is located at west side of Changbai mountain,
Manjiang Town. Project covers an area of about 5 hectare,
Construction area is 22000 square meters. The total invest-
ment is expected to 277 million, payback period would be 6.5
year(incl. 2 yrs construction period). Annual Production value
would be 515,000,000 yuan, total profit would be 77 million
yuan.
010-85219200
010-85219992
Contacts:
Deheng Law Firm Group(Beijing):Lawyer-Wang Xiaofang
Tel:010-85219200
Fax:010-85219992
E-mail:[email protected]
20092009 2009
Financing Project Introduction
Series Mineral Water Financing Project
1 Qingshuiquan annual production capacity of 300,000 tons
of mineral water project
This project is located at Lushuihe town, Fusong County.
Project covers an area of about 50,000 square meters. The total
investment is expected to 277 million, payback period would
be 5.1 year.
2 Mingshuiquan annual production capacity of 200,000 tons
of mineral water project
This project is located at Wanliang town, Fusong County.
Project covers an area of about 40,000 square meters, Con-
struction area of 18,000 square meters, Designed production
capacity of 100,000 tons. The total investment is expected to
185 million, Project construction period is 1 year, startup pe-
riod is 1 year. production value 343,000,000 yuan when it’s
100% production, total profit would be 51 million yuan.
3 Lumingquan annual production capacity of 300,000 tons
of mineral water project
The project is located in the heart of the Changbai Mountain,
area of Beigang Town. Project covers an area of about 22,200
square meters. The total investment is expected to 277 million,
payback period would be 5.1 year. Production value 515,000,
000 yuan when it’s 100% production, total profit would be 77
million yuan.
4 Qianchuanquan annual production capacity of 500,000 tons
Financing Project IntroductionFinancing Project Introduction
