Introduction - Edward Lehman (Questions Related to China Law)
Post 1 of 24
Dear Forum Readers,
I have just been added as a moderator, and would like to take this opportunity to invite participants to ask me questions related to legal issues in China, whether trade or foreign investment.
I hope that I can help you 'trade safe'.
Best regards,
Edward Lehman
Managing Director, Lehman, Lee & Xu - A Top Three China Law Firm
15 Jan 2007 23:44
Post 2 of 24
Replying to [Edward E Lehman - Lawyer]:
Saw you again appearing On CCTV-9 Dialogue
in discussion of China "Capital Punishment"!-----Death Penality Review
You get thinned...as grow older but..with a big suit....
But always very powerful in legal issue analysis
Saw you again appearing On CCTV-9 Dialogue
in discussion of China "Capital Punishment"!-----Death Penality Review
You get thinned...as grow older but..with a big suit....
But always very powerful in legal issue analysis
22 Jan 2007 21:08
Post 3 of 24
Replying to [Edward E Lehman - Lawyer]:
You certainly help very person, because most people need the help concern this aspect. thank you very much!! you are a kind man
You certainly help very person, because most people need the help concern this aspect. thank you very much!! you are a kind man
25 Jan 2007 19:00
Post 4 of 24
Replying to [Edward E Lehman - Lawyer]:
intellectual property protection
Hello,
i want to get a prototype of my invention made in china. what protection do i have. does china have strict copyright laws. what's the chance of my idea being ripped off by the manufacturer and what legal recourse do i have. any information would be greatly appreciated.
regards
Joe
intellectual property protection
Hello,
i want to get a prototype of my invention made in china. what protection do i have. does china have strict copyright laws. what's the chance of my idea being ripped off by the manufacturer and what legal recourse do i have. any information would be greatly appreciated.
regards
Joe
30 Jan 2007 12:58
Post 5 of 24
Replying to [Edward E Lehman - Lawyer]:
Hi Mr. Lehman.
My name is Mederbek. from Kyrgyzstan
I am Just start up on business,
I've general qustion about e-commerce,
is it any regulations in china for e-commerce?
for example i've found goods and manufacturer, (gold member)and i want to purchase, a little goods for small amount- but can't be in china at the moment,
can i find any electronic purchase agreements? or other ways
... or i must be in china and classically sign the purchase agreement face to face with manufacturer?
with regards Mederebek
Hi Mr. Lehman.
My name is Mederbek. from Kyrgyzstan
I am Just start up on business,
I've general qustion about e-commerce,
is it any regulations in china for e-commerce?
for example i've found goods and manufacturer, (gold member)and i want to purchase, a little goods for small amount- but can't be in china at the moment,
can i find any electronic purchase agreements? or other ways
... or i must be in china and classically sign the purchase agreement face to face with manufacturer?
with regards Mederebek
25 Mar 2007 12:33
Post 6 of 24
Replying to [Edward E Lehman - Lawyer]:
Hello Mr Lehman
I am very grateful for being able to talk to someone about a certain Gold Pass company on Alibaba. They are:-
Fujian Gayly Import & Export Trade Co., Ltd. [China (Mainland)]
Address: 12-15/fmetals &minerals Building No 226 Dongdu Road,Xia Men China (as per Alibaba site)
They, do however, have another address on their website: 331 Baishulying Xijiao Fengze District Quanshou Fujian
Anyway, I ordered 3 x Playstation 3's and paid over £700 by T/T I relaise this must be smallfry for you, but I am a single parent trying to start a business for my son and I and so this is rather a lot of money for me to lose . They then wrote to me today to say that there had been a mistake made by one of their businessmen and they were sorry for my loss (?!?!?) I have since emailed them asking for a refund or for them to resend the goods, but am getting no response.
Can you please, please help me?
Should you require to see the letter, please do let me know and I will try to send to you. Also I have evidence of the T/T payment along with all emails from the aforementioned company. One other thing was that they asked me to change the original transaction purpose from "payment for goods" to "deposit" I guess warning bells should have gone off then, but I just didn't know! However, again, I have evidence of all of this by way of emails and the transaction details, they will have record of my changing the payment purpose, I'm sure.
Thanking you hugely in advance for your kind and knowledgeable response in due course.
Regards.
Miss Julie Johnson
Complete PC UK
jules@completepc.org.uk
01277-222346/07960078493![[em8]](http://img.alibaba.com/images/eng/style/icon/emoticons_cry.gif)
Hello Mr Lehman
I am very grateful for being able to talk to someone about a certain Gold Pass company on Alibaba. They are:-
Fujian Gayly Import & Export Trade Co., Ltd. [China (Mainland)]
Address: 12-15/fmetals &minerals Building No 226 Dongdu Road,Xia Men China (as per Alibaba site)
They, do however, have another address on their website: 331 Baishulying Xijiao Fengze District Quanshou Fujian
Anyway, I ordered 3 x Playstation 3's and paid over £700 by T/T I relaise this must be smallfry for you, but I am a single parent trying to start a business for my son and I and so this is rather a lot of money for me to lose . They then wrote to me today to say that there had been a mistake made by one of their businessmen and they were sorry for my loss (?!?!?) I have since emailed them asking for a refund or for them to resend the goods, but am getting no response.
Can you please, please help me?
Should you require to see the letter, please do let me know and I will try to send to you. Also I have evidence of the T/T payment along with all emails from the aforementioned company. One other thing was that they asked me to change the original transaction purpose from "payment for goods" to "deposit" I guess warning bells should have gone off then, but I just didn't know! However, again, I have evidence of all of this by way of emails and the transaction details, they will have record of my changing the payment purpose, I'm sure.
Thanking you hugely in advance for your kind and knowledgeable response in due course.
Regards.
Miss Julie Johnson
Complete PC UK
jules@completepc.org.uk
01277-222346/07960078493
08 Apr 2007 05:12
Post 7 of 24
Replying to [Complete PC]:what a pity.This kind of things seem to happen very often. I once helped one of my clients contact the supplier in my place and had them send out the goods. Hope lawyer Edward would help you.
08 Apr 2007 19:52
Post 8 of 24
Replying to [Nabo]:
The truth. NONE. You do not have any protection over here. A good lawyer and sound contract. Extensive oversight possible JV, WFOE set up if you talking larger operation will reduce your risk of being copied, but that is about it. But remember that you have NO REAL protection against being copied in China.
Read General Motors; when Chery copied the Spark. As about the Maglev train ripoff, Metaldyne. and many other stories of very large large companies being ripped off without recourse.
Best advice be smart, solid contracts, experienced ground personal, extreme dillegence and risk management. Objectives, plan mission execute adapt soldier!
The truth. NONE. You do not have any protection over here. A good lawyer and sound contract. Extensive oversight possible JV, WFOE set up if you talking larger operation will reduce your risk of being copied, but that is about it. But remember that you have NO REAL protection against being copied in China.
Read General Motors; when Chery copied the Spark. As about the Maglev train ripoff, Metaldyne. and many other stories of very large large companies being ripped off without recourse.
Best advice be smart, solid contracts, experienced ground personal, extreme dillegence and risk management. Objectives, plan mission execute adapt soldier!
25 Apr 2007 11:15
Post 9 of 24
1.) First, do you have a sample invoice for the playstations?
-If yes, then i believe you can threaten them for selling the play stations being an authorized Sony rep.
2.) SONY MAKES PLAYSTATINS MICROSOFT MAKES XBOX; CHINESE COMPANIES DO NOT. NEVER FORGET THAT! ANYONE SELLING IPODS, XBOX OR ANY OTHER NAME BRAND ELECTRONICS ARE GOING TO RIP YOU OFF.
-If you have the invoice take to the chamber of commerce and have them draft a letter stating that you sent money to Fujian Trade Corp and they never gave you the sample the invoice is for validation. Lodge a formal compliant with your chamber of commerce.
Once u have this letter email them and inform them that you are turning the letter scan copy to them. this over to an attorney in shanghai, who then will give it to the govt. if you do not get your money back.
Wait and see the result.
If nothing fax them this letter from the commerce department and tell them you want to resolve the issue or else.
If nothing, go to China consulate in London. Ask them what to do? Tell them you want to file a formal compliant against this company and here is the letter from your commerce chamber stating fraud.
see what happens.
Or you can call an attorney in China, they will take the commerce letter and other documents probably deal with it for around 300USD with a threat or two.
this might give you about a 20% chance of resolving the issue. But not likely becuase of China law it is very difficult for the Company if they are even real to refund your money.
-If yes, then i believe you can threaten them for selling the play stations being an authorized Sony rep.
2.) SONY MAKES PLAYSTATINS MICROSOFT MAKES XBOX; CHINESE COMPANIES DO NOT. NEVER FORGET THAT! ANYONE SELLING IPODS, XBOX OR ANY OTHER NAME BRAND ELECTRONICS ARE GOING TO RIP YOU OFF.
-If you have the invoice take to the chamber of commerce and have them draft a letter stating that you sent money to Fujian Trade Corp and they never gave you the sample the invoice is for validation. Lodge a formal compliant with your chamber of commerce.
Once u have this letter email them and inform them that you are turning the letter scan copy to them. this over to an attorney in shanghai, who then will give it to the govt. if you do not get your money back.
Wait and see the result.
If nothing fax them this letter from the commerce department and tell them you want to resolve the issue or else.
If nothing, go to China consulate in London. Ask them what to do? Tell them you want to file a formal compliant against this company and here is the letter from your commerce chamber stating fraud.
see what happens.
Or you can call an attorney in China, they will take the commerce letter and other documents probably deal with it for around 300USD with a threat or two.
this might give you about a 20% chance of resolving the issue. But not likely becuase of China law it is very difficult for the Company if they are even real to refund your money.
25 Apr 2007 11:33
Post 10 of 24
Replying to [Edward E Lehman - Lawyer]:
Hi, My name is Leandro from Spain. Two months ago we bought laminate flooring to a Chinese Manufacturer. We agreed payment 30% by TT and 70% L/C at sight.
Supplier shipped the goods and we paid L/C, but, once we received the goods, we see it is curver and it is impossible sell in the current market. We contact to manufacturer and he admits the mistake. We complaint 50% of the value but he only offers 25%. Finally we accept 25% but then he says, he only will pay the half. Of course we can not accept but, what can we do?, how can we complaint for the damage? Anybody can help me?
Regards
Leandro
Hi, My name is Leandro from Spain. Two months ago we bought laminate flooring to a Chinese Manufacturer. We agreed payment 30% by TT and 70% L/C at sight.
Supplier shipped the goods and we paid L/C, but, once we received the goods, we see it is curver and it is impossible sell in the current market. We contact to manufacturer and he admits the mistake. We complaint 50% of the value but he only offers 25%. Finally we accept 25% but then he says, he only will pay the half. Of course we can not accept but, what can we do?, how can we complaint for the damage? Anybody can help me?
Regards
Leandro
10 May 2007 08:00
Post 11 of 24
Replying to [Complete PC]:
Fujian Gayly Import & Export Trade Co., Ltd. is a gold supplier that is a total scam. Alibaba should be decent enough to take them off their list.
In the same way, I was unfortunate enough to purchase from them. They took my money and never sent me the goods, instead they made up a likely story about the goods being retained at Chinese custom. I contacted Alibaba with the Western Union transaction details but they have not done anything to help. EVERYONE BEWARE OF THIS COMPANY. They are a total FRAUD.
I will get back in touch with Alibaba, this is just not good enough. I wonder how many other customers have been defrauded. Some probably have not even spoken out.
Fujian Gayly Import & Export Trade Co., Ltd. is a gold supplier that is a total scam. Alibaba should be decent enough to take them off their list.
In the same way, I was unfortunate enough to purchase from them. They took my money and never sent me the goods, instead they made up a likely story about the goods being retained at Chinese custom. I contacted Alibaba with the Western Union transaction details but they have not done anything to help. EVERYONE BEWARE OF THIS COMPANY. They are a total FRAUD.
I will get back in touch with Alibaba, this is just not good enough. I wonder how many other customers have been defrauded. Some probably have not even spoken out.
14 May 2007 03:42