China NewsDay May 30, 2023 By Lehman, Lee & Xu Executive Summary: This article Lehman, Lee & Xu provides an overview of Beijing, highlighting its evolving landscape in terms of business opportunities, visa regulations, and environmental initiatives. It explores the city’s attractiveness to foreign investors, challenges faced by businesses, expatriate movement trends, and the thriving AI, hi-tech scene. Additionally, it delves into the emerging opportunities in the blockchain sector. By the end, readers will gain insights into the dynamic nature of Beijing and the potential it holds for ..read more

China NewsDay- Shanghai May 21, 2023 Author: China-based lawyer Edward Lehman, 20+ years China legal affairs commentator at www.cgtn.com https://www.linkedin.com/in/edward-lehman-china-lawyer-lehman-lee-xu-beijing-lawyer-shanghai-lawyer-china-law-firm/ Introduction: China-based lawyers with international law firm, and China lawyers, China based businesses, and foreign businesses with matters related to China all seem to be in a quandary as to changing nature of China data privacy laws policies, and regulations. The Cyberspace Administration of China (CAC) released the long-awaited Measures for ..read more

שלום רב, We would like to express our deepest condolences on the passing of our beloved friend and colleague, David Buxbaum. We were saddened to learn of this profound loss. David C. Buxbaum, חיים דוד בן שלמה ע”ה, held a significant place in our hearts and the legal community. His pioneering efforts as the first American lawyer invited to China in 1972, after President Nixon’s historic visit, were instrumental in establishing and representing American business interests. His dedication and commitment to bridging legal practices between China, Mongolia, and Asia greatly contributed to the grow ..read more

Introduction: The International Trademark Association (INTA) Annual Meeting, once an eagerly anticipated gathering of intellectual property professionals, now faces an uncertain future in the wake of the COVID-19 pandemic. As the world adjusts to new norms and embraces virtual alternatives, questions arise about the ability of the INTA Annual Meeting to fully recover and whether face-to-face meetings remain relevant in today’s digital age. Furthermore, concerns over the cost of participation and the efficacy of INTA’s staffing and support add to the challenges facing the organization. This ..read more

On October 31, Chinese regulators jointly issued a guiding opinion to further standardize celebrity endorsement activities aiming to bar entertainers and celebrities from promoting products online that don’t align with the country’s “socialist core values”. Chinese advertisement law already includes strict provisions on celebrity endorsement, and some have been severely punished by the relevant authorities for illegal endorsements. However, every few months we learn of a new story about celebrity product endorsements gone wrong. Famous actor Hu Jun endorsed financial products from Wukong Finan ..read more

Lehman, Lee & Xu’s China lawyers have been approached by a team of USA law firms to provide local assistance in a Class Action lawsuit in the USA on behalf of a class of Chinese investors. One of the issues raised in the USA lawsuit is whether the case in the USA would be recognized in China in a way that would made the USA class action proceeding worthwhile. The USA model of “Class Action Lawsuit” is most closely matched in Chinese law as a Daibiaoren susong (代表人诉讼), best translated as a “Representative Lawsuit”. The Civil Procedure Law of the People’s Re ..read more

Over the years, LEHMAN, LEE & XU team had to notarize many official documents in China for our clients. The subject of official notarization of documents in China might bring a lot of confusion. Therefore, explaining how to get a document notarized and the different kinds of notarization is essential. Public Notary Office (Chinese: 公证处) in China is a non-profit certifying institution lawfully established to independently exercises the notary functions and bears corresponding civil liabilities. It is responsible for certifying documents according to the Chinese legal system. According to Ar ..read more

The number of the foreign employees is becoming more and more in Chinese market based on the pace of globalization is getting faster and faster. At the same time, more and more disputes between foreign employees and Chinese companies happened in recent years. How to protect your rights as one employee of Chinese companies is becoming very important. Ms. Li has been working in DADA Group (virtual name) since July 2014 as a translator whose work is translating Chinese into Spanish. During this period, the labor contract was renewed for three times until the retirement age in 2015. However the pr ..read more

Today, many factories in China are being asked to relocate further out as environmental laws in China, amongst other things, come increasingly into force. The central government has recently issued policies calling for the relocation of entire classes of companies away from the outskirts or industrial sections of major cities due to safety hazards and environmental concerns. For example, on March 1, 2021, the Law on Protection of the Yangtze River was passed at the Standing Committee session of the National People’s Congress. According to this Law, the relevant regions in the Yangtze River bas ..read more

The Trademark Law of China was last amended in 2019. By looking back at the original trademark law issued in 2001, we can track some of the trends and changing priorities in Intellectual Property protection in China. Specifically, we will review Article 11 of 2019 Trademark Law as compared to the corresponding provision of the original 2001 law. The differences in these two provisions help to demonstrate evolving understanding of the concept of trademark distinctiveness as recognized under the law. Article 11 of the Trademark Law currently reads as follows: The ..read more