Introduction - Edward Lehman (Questions Related to China Law)

Replying to [Edward E Lehman - Lawyer]:

Replying to [Edward E Lehman - Lawyer]:

I have been talking with several business in china who all claim to be making true and legal designer handbags. My question is, how can that be. if the designers knew they were selling the real handbags, would there be lawsuits? Thanks for your time;. At times like this, I wish I were a lawyer!!

Paris Lynch, alibaba member

Replying to [Edward E Lehman - Lawyer]:i just got taken for 1500 dollars from someone selling sidekick4lx phone on this site and they did not send my phones . i have everything to prove it to so can you help me my e-mail isi need someone to help me.

If they are an Alibaba supplier, you might want to report them to the site administration. You could also go to internet forums to prevent people from doing business with them again. Other than that, your case is not unlike many others in this forum. Normally, the effort needed and the costs necessary for you to recover your money would amount to much more than the price you paid. So, there's not much that can be done. I am sorry for your loss, though.





Best Regards,

Edward Lehman


Managing Director, Lehman, Lee & Xu - A Top Three China Law Firm

Replying to [Nabo]: Frankly, the best advice I have to offer you is to NOT have the prototype made in China. If you can patent the invention, Chinese patent law offers protection. My law firm, Lehman, Lee & Xu is one of the best patent firms in China, but to be clear, filing for a patent is NOT cheap. If you choose to go ahead with having the prototype made here, the unfair competition law stipulates that business people should act according to fair and ethical practices -- but it's a very vague law. Clearly someone who is willing to rip your intellectual property off is not interested in any threats that you can make with this law.


Best Regards,

Edward E. Lehman

Managing Director, Lehman, Lee & Xu - A Top Three China Law Firm

Replying to [parisj]:

Designer handbags are produced in China, the same as many other consumer goods. If the manufacturer has a licensing agreement or a production contract, then their claim would be legitimate. Otherwise, of course, they are stealing the designer's intellectual property and in breach of Chinese intellectual property law. It is possible that the designers are not in fact aware of this breach.

If you are looking to do business with a Chinese manufacturer, I cannot stress this enough: make sure to hire a reputable lawyer to conduct a quick legal due diligence check on the company before wiring tens of thousands of dollars (or more) overseas.


Best Regards,

Edward Lehman

Managing Director, Lehman, Lee & Xu - A Top Three China Law Firm

We are a U.S based company. For two years, we have been cooperating with a China manufacture (in Shenzhen) to produce our products. We paid for ALL the moulds. However, this manufacture had breached the agreement by selling our product designs by using our moulds to produce and sell to our competitors. We have actual proof that products were sold behind us. We decided to discontinue the partnership due to integrity and bad business practice. This manufacture admitted they're at fault but refused to return our moulds and said the price for all moulds charged were under market price. Now they demand us to continue business to cover the loss of mould fees. I have proof of payments for all the moulds we made. We can not continue because we simply do not trust the company.

We also have proof that they are also infringing the Intellectual Property of General Motor Corporation products.

I also have an attorney to assist me since this manufacture also has an office in the U.S. However, my lawyer sent letters to China and U.S office. They both ignored the letters, and now, the U.S office is now gone.

My attorney said this is a strong case for us if it is in the U.S, but he doesn't know the Chinese law, and he has no jurisdiction to represent me in China.

What should we do?

I can send a copy of all the documents for your review. And I am willing to fly down to China at anytime.

Please advise. Thank you.

Quoting from [Silver7]:



We are a U.S based company. For two years, we have been cooperating with a China manufacture (in Shenzhen) to produce our products. We paid for ALL the moulds. However, this manufacture had breached the agreement by selling our product designs by using our moulds to produce and sell to our competitors. We have actual proof that products were sold behind us. We decided to discontinue the partnership due to integrity and bad business practice. This manufacture admitted they're at fault but refused to return our moulds and said the price for all moulds charged were under market price. Now they demand us to continue business to cover the loss of mould fees. I have proof of payments for all the moulds we made. We can not continue because we simply do not trust the company.



We also have proof that they are also infringing the Intellectual Property of General Motor Corporation products.



I also have an attorney to assist me since this manufacture also has an office in the U.S. However, my lawyer sent letters to China and U.S office. They both ignored the letters, and now, the U.S office is now gone.



My attorney said this is a strong case for us if it is in the U.S, but he doesn't know the Chinese law, and he has no jurisdiction to represent me in China.



What should we do?



I can send a copy of all the documents for your review. And I am willing to fly down to China at anytime.



Please advise. Thank you.

Please email me privately           . Our firm will be more than happy to discuss this issue with you.

Replying to [Edward E Lehman - Lawyer]:Replying to [Chinasolutions]:
ATTENTION ALL ALIBABA MEMBERS ..DO NOT USE
Xiamen Hongzhi Trading Co., Ltd. ..THEY ARE ON ALIBABA TO FRAUD PEOPLE ...THEY WILL TAKE YOUR MONEY AND NOT SEND YOU ANYTHING ...THEY ARE SCAMMERS ...ALIBABA WILL REMOVE THEM SOON ...DO NOT ORDER ANYTHING FROM THEM
I REPEAT XIAMEN HONGZHI CO LTD ..
THEY ARE ON ALIBABA TO SCAM PEOPLE ..
THEY HAVE STOLEN MONEY FROM MANY PEOPLE ..
MS LIZEN CAI ,SUE
ALL ARE INVOLVED IN THIS FRAUD .,..I DO NOT WANT THEM TO GET ANY MORE VICTIMS ...TY

Replying to [Edward E Lehman - Lawyer]: Dear Mr. Lehman, do you know of any cases of product liability suit where claim was filed against a US manufactured product by a claimant of Chinese national and was brought under US jurisdiction? how was the result?