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Invest in China

FDI in China

• The People's Republic of China has the fastest growing major economy in the world

• Successfully navigating through the Chinese business environment requires extensive experience and knowledge

• To capitalize on the many opportunities available, investors often find it necessary to take counsel from a spectrum of professionals, including legal advisors.

Intellectual Property Right Protection in China

• IPR protection becomes a critcal concern to foreign investors

• Copyright protection in China

• Patent protection in China

• Trademark protection in China

• Trade secrets, confidentiality, and non-disclosure agreements in China

Different Forms of Foreign Investment

• Chinese-foreign joint venture

• Chinese-foreign cooperative venture

• Wholly foreign-owned enterprises

• Compensation trade 11-11

• Processing and assembling on order

• Leasing

Establishing a Wholly Owned Foreign Enterprise (WOFE)

• WOFE enjoys exclusive management control of their business activities

• WOFE is considered a Chinese legal entity and must abide by all Chinese laws

• The independence of WOFE is often outweighed by the lack of direct links to the domestic economy. 1

• More foreign investors chose WOFE over other forms of investment

Establishing a Representative Office

•Gaining experience about the market in China

• Acting as a liaison between home office and clients in China

• May engage in market research and establish contacts with customers

• Restricted from engaging business operations

Establishing a Joint Venture

• A preferred manner for cooperation between local Chinese businesses

• A minimum of 25% of the capital must be contributed by the foreign partner

• Equity can include cash, buildings, equipment, materials, intellectual property rights, and land-use rights

Contract and Agreement

• Contract and agreement is necessary to set up any type of business operation in China.

• China acceded to the Convention for the Settlement of Investment Disputes Between the U.S.

• Arbitration a preferred method for the resolution of any disputes in China.

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