The Investment Promotion Seminar “Why Poland” and “Poland-the new Gate to Europe”, organized by the Consulate of the Republic of Poland in Shanghai and co-organized by Haworth & Lexon Law Firm, was held at Radisson Plaza Xing Guo Hotel in December 16, 2005.

Poland , as the most developed country in East Europe , became a member of the European Union in May 1, 2004. After that, Poland became one of the most attractive investment destinations in the world.

The Consulate of the Republic of Poland and its domestic ministry in charge of investment had a comprehensive preparation for this Promotion Seminar. Haworth & Lexon gave a full support for the advance-phase preparation and clients contact.

Mr. Marek Plecinski, Chief of Economic and Commercial Section of the Consulate, Mr. S. Mikosz, vice chairman of Polish Information and Foreign Investment Agency, Chinese-Polish Joint Stock Shipping Company and other honored guests from Poland attended this Seminar. A lot of Chinese private enterprises, World Chinese Enterprises Association, state-owned enterprises and some authorities in charge of foreign investment also attended this Seminar. A lot of famous enterprises, such as Shanghai Automobile Group, F & J Group (It has entered the East European market for more than 10 years, and began to invest in Poland.), show their great interest and passion in the investment in Poland. About 50 domestic companies attended this Promotion Seminar.

Mr. Sean Yuan, Mr. Bailey Xu, Mr. Dermot Zhang, Mr. Marshal Chen, Mr. Tony Zhong and Mr. Huixiao Han, lawyers of Haworth & Lexon, were also invited to attend this Seminar.

The lawsuit of the trademark infringement brought by Lacoste against Zhejiang Crocodile was settled through mutually beneficial conciliatory agreement after five years. Lacoste has reached an agreement with Zhejiang Crocodile that Lacoste would withdraw the suit on the condition that Zhejiang Crocodile recognizes the European manufacturer's exclusive rights to the crocodilian trademark in China and will stop using its similar logo within a short time.

Mr. Chambers Yang was interviewed by China Daily on the applicant laws and its signality to the industry. From the legal aspect, Mr. Chambers Yang discussed the legal protection of well-known trademark, the conflict between trademark and business name, the development and maintenance of the national trademark and etc. The rel eva nt report was published on IPR Special (Nov. 25,2005) of China Business Weekly of China Daily.

Business with China 2005 was held in Prague from Nov. 23 to Nov. 24, 2005, and Mr. Sean Yuan, partner of Haworth & Lexon, was invited to give a regarding speech on the topic of “Ready to Establish Business with China—Key Aspects of Success”. This conference provides the companies in the CEE region who are interested in business with the challenging market of China an exchange of information and experience and the key topics of success are also discussed at the conference. As the only one who are from China , Mr. Sean Yuan discuss the investment environment in China, the investing vehicles and hints for communication with Chinese businessman in his presentation, which was quite attractive to the participants.

Mr. Chambers Yang, partner of Haworth & Lexon, was invited to give a regarding speech in China Food and Beverage Summit.

China Food and Beverage Summit 2005 was held in Renaissance Shanghai Pudong Hotel from Dec. 1 to Dec. 2, 2005, and Mr. Chambers Yang was invited to give a presentation on the topic of Legal Issues on Investment in Food & Beverage Industry in China . This Summit was held by the internationally famous Global Intelligence Communications. A lot of representatives of the leading enterprises in this field both at home and abroad attend this Summit , and the guests giving speeches include Mr. Patrick Vizzone, the Strategy Consulting and Research Director of Rabobank International, Doctor Li Yongjing, President of Danisco (China) Co., Ltd., Mr. John Diener, Director of China Operation for Monitor Group, Mr. Robert Dodds, Director of HSBC Global Investment Bank, Mr. Tom Doctoroff, CEO of Great China Operation for J. Walter Thompson Co., Mr. Gary Rosen, Vice-president of Mcdonalds (China) Co., Ltd., Mr. Brent Willis, President of Asian Operation for Inbev Group, Doctor Wu Tao, Research Director and Chief Analyst of Gallup Consulting Co., Ltd., and etc.

The Seminar “Why Poland? sponsored by Polish Ministry of Economic Affairs, organized by Economic & Commercial Section of the Consulate of the Republic of Poland in Shanghai and co-organized by Haworth & Lexon Law Firm, will be held from 9:30am to 1pm (Lunch is included) on December 9, 2005 in Hengshan Hotel (provisional), Shanghai.
Mr. Marek Plecinski, Chief of Economic and Commercial Section of the Consula
te of Republic of Poland in Shanghai , will give a presentation with the topic “Polish Economy and Investment Opportunities in Poland ? A lot of officers and authorities from Poland are also expected to attend this Seminar.
The following are also going to be discussed on the Seminar: how to do business with Poland ; the privatization procedures of polish companies; introduction of the investment environment in Poland and the concerned agencies and procedures; offers of selected polish special economic zones; tourist promotion; and etc.
This Seminar is sure to provide a lot of helpful and useful information for those who are interested in investment in Poland , and it is also a good chance to have an understanding of East Europe and even the European Union.
Contact Lawyer: Mr. Huixiao Han
Tel: 0086 21 6887 9696
Fax:0086 21 6887 8766
E-mail: huixiaohan@hllawyers.com

Partner Mr. Chambers Yang received an interview by the Voice of Fortune under CNR

Partner Mr. Chambers Yang received a telephone interview by the Voice of Economic under CNR(China National Radio) relating to the principle of advertising for advancement of society. During the interview, Mr. Chambers stressed the legal principle stipulated in the Advertisement Law of the P. R. China, which should observe the social morality and should not obstruct the public order and good tradition.

Partner Mr. Chambers Yang was invited to the Counsel to Counsel Forum held by LexisNexis Martindale-Hubbell

As a member of the Marine and Maritime Commission of the Shanghai Bar Association, Mr. Dermot Zhang attended a discussion session suggesting legal amendments to the Shanghai Port Ordinance (draft). During the discussion, Mr. Zhang presented his opinions and suggestions and after the meeting, Mr. Zhang formally submitted his suggestions to the Standing Representatives Committee of Shanghai, the legislature branch of Shanghai municipality.

Recently, attorney Winston (Junhui) Guo has been elected by China International Economic and Trade Arbitration Commission (CIETAC) to be an official member of “Wenzhou Legal Experts Panel on International Commerce?established by China Chamber of International Commerce（CCOIC）Wenzhou Branch.

CCH is a famous legal information provider in the world. In October 2005, CCH founded the magazine of <Legal Manager>, which provides practical legal information to the legal managers in the various enterprises. Haworth & Lexon Law Office was prided to be the member of editorial board of <Legal Manager>. Bailey Xu, the partner of our firm, wrote essay for the initial issue: “How to deal with the investigation by American International Trade Commission under Article 337.?

Partner of Haworth & Lexon, Bailey Xu writes article for LegalStudio, Hong Kong's legal publisher and information provider, on China 's typical intellectual property cases

Established in 1999, LegalStudio is an emerging legal publisher and information provider producing innovative, Asia-based legal products and services for corporate legal departments, law firms and business managers across the region. Mr. Bailey Xu wrote essays for LegalStudio on China 's typical intellectual property cases. The new one is “Enterprise Names May Be Protected By A Pre-Emptive Right? which could be reached through subscription at the website of http://www.legalstudio.com .  

An American client has successfully got the Approval from MOC for doing domestic distribution business in China with our effective and efficient assistance

Attorney Winston (Junhui) Guo of our law firm has, on behalf of K-Tex LLC. (an American company), made an amazing success in applying for establishing a solely foreign-funded trading company-Shanghai K-Tex Trading Co., Ltd. in accordance with Administrative Measures on Foreign Investment in Commercial Fields promulgated by Ministry of Commerce of the PRC. With approval of MOC of the PRC, this FIE is entitled not only to importation and exportation in conducting international trading but also to distribution of products imported within domestic territory.

Mr. Winston Guo has joined Haworth & Leon since 6 September 2005

Mr. Winston has officially joined Haworth & Leon since 6 September 2005. Mr. Winston Guo is a bi-lingual, England-trained and PRC-licensed full-time attorney with over 6 years of litigation and non-litigation experience advising on cross-border M&A, foreign investment, international commercial transactions and property. He has provided or is providing legal services to such clients as Haikou Municipal Government, Administrative Bureau for State-owned Land and Resources of Haikou Municipality, China Southern Airline, Suntory , Aichi Steel Corporation, O'REAL, affiliate of AT&T, Revlon, affiliate of COSCO, Jialing MotorBike Corporation, DareGlobal, etc. Before he became a full-time lawyer in 1999, he had worked for Haikou Municipal Government, Haikou Municipal Land and Resources Bureau and CPC Committee of Xinhua District, Haikou City as a civil servant handling public legal affairs for 6 years. Winston Guo had experience in undertaking post of deputy director of CPC Committee Office of Xinhua District, Haikou City . Winston Guo did his degree of LLB in School of Law, Renmin University of China and did his degree of LLM (?Merit?) in School of Law, University of Manchester.

Mr. Peter Yang, lawyer of Haworth & Lexon, was interviewed by the reporter of Futures Daily on August 3, 2005. During the interview, Mr. Yang discussed about the concept of internet processed future trading, cause and types of disputes basing on his rich experiences in the regard. (See the original text by visiting http://futures.cnfol.com/050803/133,1536,1372788,00.shtml )

Mr. Peter Yang, lawyer of Haworth & Lexon, and Mr. Qian Rongjin, President of Shanghai Futures Association, were interviewed by Wang Bingqing, the reporter of Futures Daily on August 8, 2005. During the interview, Mr. Yang put forward some practical suggestions on risk avoidance and prevention of internet processed future trading. (See the original text by visiting http://www.lianghui.org.cn/chinese/FI-c/934851.htm )

Our firm is currently providing services for some influential companies from home and abroad, such as the followed:

For American Fortune 500 listed Praxair Group to help them to deal with some comprehensive legal issues relating to investment in China worth more than RMB30,000,000.00;

For HSBC ( Hong Kong and Shanghai Banking Corporation) to help them to process their financing deals in Shanghai Region;

For well known furnishing company IKEA to help them to handle numerous complex and comprehensive legal matters around China ;

For Jiangsu Guotai Group International Trade Co., Ltd to assist them to deal with some complicated international matters mainly concerning L/C deals worth more than RMB10,000,000.00. This company has been listed one of TOP 100 Exporting Enterprises in China ; and

For Zhejiang Lihao Furniture Co., Ltd, a big private company in its industry who has occupied the major market share in North America .

Clayton Hubert Thomas III, a junior student at Harvard University, has completed his summer internship in our firm and returned to U.S.

As a native American student, Clayton Hubert Thomas III by his excellent performance in working and life matters has gained high praises of partners, associates and other staff of the firm.

Clayton Hubert. Thomas III also has got some particular focus of some local media in Shanghai .

Partners Mr. Chambers Yang and Huixiaohan recently has received some interviews from the journalists of China Business and Shanghai Morning Post

 Very recently, our Partner Mr. Chambers Yang has received an interview by China Business. During the interview, Mr. Yang pointed out some key legal issues arising from the campaign launched by some professionals to mainly challenge the current situations of independent directors being on the publicly traded companies in mainland China .

Partner Mr. Huixiaohan in recent interview by Shanghai Morning Post said some special attentions should be paid to the legal status of some unqualified education and training institutions, when taking about the legal issues arising from the sudden closing of a local English training institution Shanghai . Mr. Han has suggested to the audience some instructive legal tips.

For a world famous airways company (This Airways Company is one of the three 5-star airways companies.); for Fuji Film (China) Company limited;

For Fujifilm China Investment Co., Ltd;

For Akzo Nobel Protective Coatings (Suzhou) Co., Ltd, and Nanjing Organon Pharmaceutical Co., Ltd; (Akzo Nobel Protective Coatings (Suzhou) Co., Ltd, and Nanjing Organon Pharmaceutical Co., Ltd are the affiliated companies of Akzo Nobel Group in China. The “International” industrial safety coating produced by Akzo Nobel is one of the high performance safety paint with most sales in the world. It is also the only company which can provide single series products with the same formula and characteristics in the world);

And for a Jiangsu large-scale private equity (This enterprise is a modern share-issuing company specialized in the R&D, manufacture and sale of medical equipment and family health care products. Its sphygmomanometer possesses more than 60% market share in China).

Our law firm established topics on corporate, securities and foreign investment on the website, which takes broad attention and enjoys a high popularity among the investors.

“China Court” is a comprehensive website sponsored by the Supreme People’s Court of PRC, and is one of the largest legal website in China.

Mr. Gary Gao obtained his Master’s Degree from East China Normal University, and once worked in Shanghai Institute of Architectural Design & Research as a business manager and an in-house legal counsel and in Shanghai YISHI Law Firm as the Supervisor of the Euro-American Department. He is experienced in Foreign Direct Investment & Financing, Enterprise Restructuring, Merger & Acquisition, Corporate Laws and Construction & Real Estate Development. His major clients include the biggest cosmetics manufacturer in the world, the affiliate of an American telephone & telegraph company, a British manufacturer of coding equipment (PLC), a Belgian manufacturer of LED systems (PLC), the biggest mobile phone distribution company in the world, a Middle-east airways and the biggest architectural firm in the USA. He presented in 2003 a speech of “Debt Collection in China” to the European Chamber of Commerce of China and “Contract Management & Risk Control” to the Spanish Chamber of Commerce of China.

Mr. Huixiao Han obtained his LLB degree in Fudan University, and then went to UK’s Hertfordshire University to pursue his legal study for the Master’s Degree in Commercial Law & Maritime Law. He was a partner of Yue Feng Law Firm before he became a partner of Haworth & Lexon. He is specialized in Corporate and Securities, Acquisition & Mergers, Real Estate Development and Commercial Arbitration and Litigation. He once provided the developer of China Worldbest Plaza a series of legal opinions for the construction and installation contracts, equipment supply contract, sales agency contract, agreement for loan by mortgage, and obtained the title deed. He handled the dispute as the attorney of Globe World Plaza against a number of Hong Kong proprietors and won the litigation finally. Furthermore, he participated in many proceedings on behalf of East-China Company of China Steel Material General Company as a member of the liquidation committee. As a long-term retained legal counsel, he has provided legal advices for corporate and commercial issues for a number of companies, including Shanghai Worldbest Estate Development Co., Ltd., Shanghai Furong Estate Development Co., Ltd., Shanghai Pizza Hut Co., Ltd., East-China Company of China Steel Material General Company, China-Poland Economic Cooperation Company Shanghai Office, etc. During his 10-year practice, he handled a number of litigation and arbitration cases to assist his clients for the settlement of commercial and corporate disputes, contacting the courts in Shanghai and other provinces at all levels. One of his statement as an attorney in a hearing process of the Supreme People’s Court was even included in the publications of the Supreme People’s Court.

Partner Dermot Zhang' s article named Suggestions on the Amendment Philosophy to Marine Code of P. R. China is published on the Shipping Exchange Bulletin (No. 32 2004) as a cover topical article. In his suggestions, the following things are examined: special focuses on China?ˉs marine matters; harmonization of relationship with general laws; importing of international terms and inception of new system; redefinition of key terms; adopting electronic tools; and to be in line with relevant international laws.

  Effective from 8 August 2004, the office of Haworth & Lexon will be officially moved to the following address:

Suite 2415, China Merchants Tower
161 Lujiazui (E) Road
Shanghai P. R. China
Tel: 0086 21 6887 9696
Fax:0086 21 6887 8766
Zip: 200120

Haworth & Lexon has rapidly grown up since its foundation with your kindly support and attention in various aspects. All partners of the firm are very happy to facilitate your development and add you much legal value in the following arenas in future with our qualified internal teams: Corporate, M&A, Restructuring and FDI; Real Estate Property Development and Construction; Securities and Financing; Intellectual Property Rights; International Trade and Shipping; and Commercial Arbitration and Litigation.

In the last several months, our firm provided legal service for reorganization of oversea investment project of Shanghai F&J Group. The reorganization is a great project of Chinese private-owned enterprises to promote business outside China. Shanghai F&J Group, whose business has been expanded in Eastern Europe, Western Europe and Southern America, is a Chinese private-owned multinational enterprise. Professor Xu Dianqing, the famous Chinese-American economic scholar, selected it for teaching cases in Peking University and Zhongshan University. 21st Century Business Herald reported Shanghai F&J Group in particular on June 7, 2004.

Department of Foreign Trade and Economic Cooperation of Shandong Province has approved the asset acquisition of Shandong Dezhou Xingtai Special Paper Co., Ltd by Netherlands Conitex Sonoco Holding B.V., whose the Headquarters is located at Miami, U.S., on July 9, 2004.

Papertech (Dezhou) Co., Ltd., Which was set up by the foreign party and the Chinese party, Shandong Zhaodongfang Paper Group Co, Ltd., has formally established on July 1, 2004.

We represented the foreign party in the whole project, including earlier stage negotiation, due diligence, designing the scheme and drafting the Contract for Asset acquisition, Joint Venture Contract and Article of Association and reviewing and revising finally. The total investment of the project amounts to 29.9 million dollars and the registered capital reaches 19.19 million dollars.

As a partner of Haworth & Lexon, Mr. Bailey Xu's English essay " From RMB 42 million to Noting: What Lessons Can We Learn From JV Disputes?" was published in "China Law & Practice" ( April 2004). "China Law & Practice" is a famous legal magazine in Hong Kong. Detailed contents of this essay is available at Haworth & Lexon's website : http://www.hllawyers.com/law-en-publications/law-en-publications-23.htm.

As a well-known member of Shanghai Automotive Industry Corporation (Group), Shanghai Huizhong Automotive Manufacturing Co, Ltd. is located in Shanghai Pudong Lujiazui Finance & Trade Zone. Shanghai Huizhong owns 5 manufacturing enterprises, 4 joint ventures and boasts yearly operating revenues of RMB 4 billion and fixed assets valued at RMB 2,160 million. In addition to daily business, Haworth & Lexon will provide legal services to Huizhong mainly in the fields of investment, acquisition & merging, and technology transferring.

Haworth & Lexon, very recently, has completed all requested legal services for a large financing transaction amounting to US$ 50,000,000, in which, a big U.S company intends to sell its notes to some purchasers, such as Teachers Insurance and Annuity Association of America, Massachusetts Mutual Life Insurance Company, C.M. Life Insurance Company, Massmutual Asia Limited and Hakone Fund LLC. This company has numerous subsidiaries in Florida, Delaware, North Carolina, New Hampshire, Spain, United Kingdom, Indonesia, India, Mauritius, Hungary, Mexico, Greece, Italy, P.R.China and Taiwan. In this transaction, our lawyers have rendered the creative and realistic service by suggesting the pattern and method for the financing guarantee involved in, and we help design the detailed procedure for the possible realization of the guarantee. Requested by the note purchasers as mentioned above, we also have submitted the legal opinion. We have had a sound and comprehensive cooperation with Choate, Hall & Stewart and Greenberg Traurig P. A, in the area ranging from financing, private placement, guarantee and tax issues relating to venture capital etc.

We provide the whole process for indirectly purchasing a Nanjing steel company by a famous Shanghai company.

The local company merged the BVI Company, the main shareholder of the Nanjing steel company, through its subsidiary company in Hong Kong. The local company could control the steel company after the acquisition. The whole process of this case took place in abroad, and finally the local company realized its purpose of becoming the controller. The scheme of packaging purchase designed by our firm gained Millions of profits for our clients.

At the end of 2003, Liao Fubin (pen name: Jimmy), a famous cartoonist from Taiwan, retained Haworth Lexon to deal with all his issues regarding copyright protection within mainland with methods including but not limited to justice and administration.

Up to now, Haworth Lexon has brought several lawsuits against companies in Shanghai, Guangdong Province and Shandong Province, who had infringed Jimmy's copyright. Currently, 2 of these suits have ended up in conciliation, and the defendants agreed to publish an apology, pay the damages and bear the litigation costs.

A department store, one of the defendants, paid Jimmy RMB 150,000 in damages.

The 2004 China Law Awards ceremony was held on Feburary 27,2004,at the Diamond Ballroom of the Shanghai Westin Hotel. The 2004 China Law Awards , the most prestigious awards in legal industry , was hosted by Asian Legal Business . Haworth & Lexon and other five reputable law firms were the noninees of the Awards for the Real Estate Law Firms of the Year for their exprienced and high quality legal service in this field.