China Practice

“A conversation with a wise man is better than ten years of study.”

– Chinese Proverb

With experienced lawyers in both of our Hong Kong and Shanghai offices, OLN is well-placed not only to plan but also to execute and fully implement client’s business needs in Mainland China.

Hong Kong has ranked as the world’s freest economy in the Wall Street Journal and Heritage Foundation’s Index of Economic Freedom for 16 consecutive years, since the inception of the index in 1995.

An internationally accepted Rule of Law, sound regulatory controls and one of the freest economies in the world naturally position Hong Kong as the cultural, economic and legal bridge for entities wishing to do business with or in Mainland China.

Our Approach

Our China Practice has a long history of offering our strategic and legal assistance to multinationals, investment funds, professional services firms, local companies, importers and trading businesses of various sizes, as well as entrepreneurs in handling cross-border mergers and acquisitions projects, dealing with bank and project financing, restructuring existing businesses, obtaining approvals and licensing (as required) for specific projects, setting up offices and maintaining business presences in Mainland China, whether through Wholly Foreign Owned Enterprises (WFOEs), joint ventures or representative offices, to engage in commercial activities in a wide range of industries, including but not limited to property development, banking and financial services, information technology, manufacturing, infrastructure, insurance, apparel, publishing, construction, retail, logistics and distribution.

One of the primary concerns of our clients is their unfamiliarity with customs, legal regime, regulations, procedures, and the general business environment in Mainland China, including but not limited to the issues of licensing and taxation. We will help clients to identify and resolve such concerns that may occur, to take them through the labyrinth of the relevant legislation and help them to protect their interests by representing them in liaising with relevant PRC government authorities, negotiating with the contracting parties, and drafting commercial agreements and documents relating to various types of transactions.

Another major concern of doing business in China is the protection of Intellectual Property Rights. OLN has a substantial Intellectual Property practice, we will help clients to deal with both contentious and non-contentious Intellectual Property work including trademark, patent (invention, utility model and industrial design) and copyright matters. Our Shanghai Intellectual Property team has been granted a license to file and prosecute trademarks directly in China and deal with the PRC examiners without a third party.

In addition, we have assisted Chinese state-owned enterprises and privately-owned China enterprises in establishing and expanding their businesses and investment activities through or in Hong Kong. We have accumulated extensive and in-depth experience regarding the respective legal systems and business environments of Mainland China and Hong Kong and is able to comprehensively serve the client's needs. Our China Practice lawyers are proficient in Chinese (including Putonghua) and English and they are experienced in dealing with the unique Chinese business culture.

The China Practice offers a full range of legal services including:

Setting up foreign direct investment structures in Mainland China such as joint ventures, wholly foreign-owned enterprises (WFOE), branches and representative offices
Mergers and acquisitions
Restructuring existing businesses
Banking and project finance
Corporate finance including securities and venture capital investment
Dispute resolution including mediation, arbitration and litigation
Land transactions and property development
Tax planning and advice
Insolvency and restructuring

Our IP expertise in both Hong Kong and Mainland China covers:

Trademark, patent and copyright portfolio management, from pre-filing to post-registration
Enforcement of IP rights against competitors and infringers
Proactive protection of IP rights and anti-piracy initiatives
Commercial IP - acquisition and exploitation of IP rights, including franchise agreements and licensing
Internet and domain name issues, media and advertising law, packaging, labeling, regulatory requirements, trade secret protection and related data protection