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9.30 Registration and Refreshments 9.50 Welcome and Introduction Crispin Rapinet, Asia Regional Managing Partner, Lovells 10.00 Enterprise Income Tax Law Merging of the foreign and domestic tax regimes Key changes affecting foreign investors Transitional reliefs Forthcoming legislation Andrew McGinty, Lovells Shanghai 10.30 Mergers and Acquisition Regulations Overview of approval procedures: a long and winding road State owned enterprises: protection by the state for the state Privately owned enterprises: a less complicated path? Michael Aldrich, Lovells Beijing 11.00 Refreshments 11.15 Anti-monopoly Law Types of monopolistic agreements regulated Scope of application Effect on M&A transactions Impact of implementing rules Andrew McGinty, Lovells Shanghai 11.45 Workshop on Case Study (Part One) During this session delegates will work through a case study considering issues addressed in the seminar programme. Facilitators: Andrew McGinty, Michael Aldrich, Doug Clark, and Terence Wong 12.45 Lunch 1.45 Labour Contract Law The effect of the new labour contract law Common shortcomings in standard forms: one size does not fit all Practical pointers Michael Aldrich, Lovells Beijing 2.15 Patent Law Amendments to the patent law: a weakening of protection Abuse of IP rights - new risks under the Anti-monopoly Law Licensing patents and know how - risks and rewards Major patent decisions in the last year Doug Clark, Lovells Shanghai 2.45 Refreshments 3.00 Recent Cases involving Foreign Enterprises in China Danone v Wahaha Direct arbitration agreement between a developer and a sub-contractor Enforcement of an English arbitration award with a 2-0 majority Terence Wong, Lovells Shanghai 3.30 Workshop on Case Study (Part Two) During this session delegates will work through a case study considering issues addressed in the seminar programme. Facilitators: Andrew McGinty, Michael Aldrich, Doug Clark, and Terence Wong 4.30 Questions and Discussion and Closing Remarks 4.50 Close and Drinks Reception www.cigroup.org.uk Investments in China New Laws, New Challenges 投资中国的 新法律, 新挑战 5½ Hours CPD Monday 17 November 2008 Lovells, Atlantic House, Holborn Viaduct, London EC1A 2FG C&I Subscribed Members Fee £265 + VAT In association with: Last year’s delegates said: “Excellent - I am new to working in China and this was extremely useful” “Good professional approach with team playing to strengths” “Very good speakers - efficient communication” “Very helpful and very interesting” Tailored for In-House Lawyers by In-House Lawyers Ensuring Success for In-House Lawyers CG41727.indd 1 16/07/2008 16:37:42

Tailored for In-House Lawyers by In-House · PDF file11.45 Workshop on Case Study ... 3.00 Recent Cases involving Foreign Enterprises in China Danone v Wahaha Direct arbitration agreement

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Page 1: Tailored for In-House Lawyers by In-House · PDF file11.45 Workshop on Case Study ... 3.00 Recent Cases involving Foreign Enterprises in China Danone v Wahaha Direct arbitration agreement

9.30 Registration and Refreshments

9.50 Welcome and Introduction Crispin Rapinet, Asia Regional Managing Partner, Lovells

10.00 Enterprise Income Tax Law

■ Merging of the foreign and domestic tax regimes ■ Key changes affecting foreign investors ■ Transitional reliefs ■ Forthcoming legislation

Andrew McGinty, Lovells Shanghai

10.30 Mergers and Acquisition Regulations

■ Overview of approval procedures: a long and winding road ■ State owned enterprises: protection by the state for the state ■ Privately owned enterprises: a less complicated path?

Michael Aldrich, Lovells Beijing

11.00 Refreshments

11.15 Anti-monopoly Law

■ Types of monopolistic agreements regulated ■ Scope of application ■ Effect on M&A transactions ■ Impact of implementing rules

Andrew McGinty, Lovells Shanghai

11.45 Workshop on Case Study (Part One)

During this session delegates will work through a case study considering issues addressed in the seminar programme.

Facilitators: Andrew McGinty, Michael Aldrich, Doug Clark, and Terence Wong

12.45 Lunch

1.45 Labour Contract Law

■ The effect of the new labour contract law ■ Common shortcomings in standard forms: one size doesnotfitall ■ Practical pointers

Michael Aldrich, Lovells Beijing

2.15 Patent Law

■ Amendments to the patent law: a weakening of protection ■ Abuse of IP rights - new risks under the Anti-monopoly Law ■ Licensing patents and know how - risks and rewards ■ Major patent decisions in the last year

Doug Clark, Lovells Shanghai

2.45 Refreshments

3.00 Recent Cases involving Foreign Enterprises in China

■ Danone v Wahaha ■ Direct arbitration agreement between a developer and a sub-contractor ■ Enforcement of an English arbitration award with a 2-0 majority

Terence Wong, Lovells Shanghai

3.30 Workshop on Case Study (Part Two)

During this session delegates will work through a case study considering issues addressed in the seminar programme.

Facilitators: Andrew McGinty, Michael Aldrich, Doug Clark, and Terence Wong

4.30 Questions and Discussion and Closing Remarks

4.50 Close and Drinks Reception

www.cigroup.org.uk

Investments in ChinaNew Laws, New Challenges投资中国的新法律, 新挑战

5½ Hours CPD

Monday 17 November 2008

Lovells, Atlantic House, Holborn Viaduct, London EC1A 2FG

C&I Subscribed Members Fee £265 + VAT

In association with:

Last year’s delegates said:

“Excellent - I am new to working in China and this was extremely useful”

“Good professional approach with team playing to strengths”

“Very good speakers - efficient communication”

“Very helpful and very interesting”

Tailored for In-House Lawyers by In-House Lawyers

Ensuring Success for In-House Lawyers

CG41727.indd 1 16/07/2008 16:37:42

Page 2: Tailored for In-House Lawyers by In-House · PDF file11.45 Workshop on Case Study ... 3.00 Recent Cases involving Foreign Enterprises in China Danone v Wahaha Direct arbitration agreement

Investments in China New Laws, New Challenges - Monday 17 November 2008

CG417271.Confirmationofyourbookingwillbesentbyemailorpostwithin2daysofreceipt.AVATinvoicewillbesentseparatelytoyouraccountsdepartmentattheendofthemonth.ConferenceDocumentationisdistributedat the time of the event. 2. Central Law Training Ltd reserves the right to vary or cancel a conference where the occasion necessitates. CLT accept no liability if, for whatever reason, the conference does not take place. 3. Prices may be subject to change. 4. Full invoice payable unless:- a) Cancellation: provided written notice is received at least 10 working days before the event, the fee will be credited less a £25 (+VAT) administration charge b) Transfer: in the event of a transfer to another date or event, an administration charge of £25 (+ VAT) will be levied. This cannot be done after the date of the conference. c) Credits may be used for other products or services and refunds available on request. Unused credits may be used up to a period of 12 months. 5. This booking form constitutes a legally binding contract.The delegate and employer are jointly and severally liable for payment of all the fees due to CLT. To the extent permitted by law, neither Central Law Training Limited nor its presenters will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person acting omitting to act or refraining from acting in reliance upon the conference material or presentation of the conference or, except to the extent that any such loss does not exceed the price of the conference, arising from or connected with any error or omission in the conference materialorpresentationoftheconference.Consequentiallossshallbedeemedtoinclude,butisnotlimitedto,anylossofprofitsoranticipatedprofits,damagetoreputationorgoodwill,lossofbusinessoranticipatedbusiness,damages,costs,expensesincurred or payable to any third party or any other indirect or consequential losses. 6. Continuing Professional Development and Continuing Professional Education. Hours or points may be claimed as indicated from The Solicitors Regulation Authority. 7. Data Protection: You may be contacted from time to time with details of programmes and services that may be of interest to you. Please write to the Client Services at CLT if you do not wish to be included in this activity.

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www.cigroup.org.uk

Conference Documentation

I am not able to attend the Conference but please send me a set of conference notes at £89.00 (no VAT) per conference.

For overseas orders, please add £10.00 for postage and packaging.

C&I Subscriber Number ________________________________

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The fee includes refreshments, lunch, administration and documentation

Fees:C&I Subscribed Members: £265.00 + VAT (£46.38) = £311.38

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Please tick if you wish to attend the drinks reception

China’s transition from a socialist planned economy to a market economy is proceeding apace. This has produced dramatic changes to the legal environment in the past year, including:

• The coming into force of the Anti-Monopoly Law• The merging of the previously bifurcated foreign and domestic tax regimes in the Enterprise Income Tax Law • The fi rst ever Labour Contract Law

In addition there are new regulations governing mergers and acquisitions, a wholesale revision of the Patent Law is imminent bringing in some significant changes to theprotection of invention and know how in China. Additionally,

there have been a number of interesting court and arbitration cases in China affecting foreign investors.

This seminar will update in-house Counsel on the latest developments in areas which have direct impact on all multi-national corporations doing business in China. The programme includes presentations on the legal issues together with a case study workshop illustrating how these issues will impact on your business in practice.

The seminar is organised by C&I in association with Lovells -aninternationallawfirmwhichisrecognisedasoneoftheleading foreign law firms in China covering awide rangeof practice areas. The seminar builds on the successful seminars which have been held in 2006 and 2007 to great critical acclaim from our members.

Chairman: Crispin Rapinet is Asia Regional Managing Partner at Lovells. He is based in London and has particular expertise in international and cross-border litigation arising out of insolvency, fraud and asset recovery situations. Crispin returned from Hong Kong in2003wherehespentfiveyearsasoneoftheresidentcommerciallitigationpartnersandasManagingPartnerofthefirm’sHongKongoffice.

Speakers: Michael Aldrich is a Partner in the corporate and commercialpracticegroupinLovells’Beijingoffice.Hehasadvisedmultinational corporations from Europe, North America, Asia and the Middle East on all aspects of doing business in China. His areas of specialization include mergers and acquisitions, inbound foreign investment in China, and IT/telecoms.

Douglas Clark is a Partner in the intellectual property practice group inLovells’Shanghaioffice.Hehashandledover1,000patent,trade

mark, copyright and passing off/unfair competition cases in Mainland China and Hong Kong including pharmaceutical, computer software and telecommunications related patent and copyright cases.

Andrew McGinty is a Partner in the corporate and commercial practicegroupinLovells’Shanghaioffice.Hehasbroadexperienceof advising on PRC-related corporate and commercial matters, private and public mergers and acquisitions, joint ventures and other foreign investment projects, with a focus on the telecoms, technology/IT, competition,realestateandfinancialservicesareas.

Terence Wong is a Consultant in the construction and arbitration practice group in Lovells’ Shanghai office. His work ranges fromadvising on the establishment of investment vehicles with particular focus on the regulatory regime of the construction industry in China, to negotiation on the terms of construction contracts, and to advising on various disputes in the Chinese context.

Please return to:

The C&I Registrar, Central Law Training, Wrens Court, 52-54 Victoria Road, Sutton Coldfield, Birmingham,B72 1SX

DX708700SuttonColdfield 0121 355 0900 0121 355 5517 [email protected]

Book via our website at www.cigroup.org.uk

Investments in China New Laws, New ChallengesMonday 17 November 2008 - Lovells, Atlantic House, Holborn Viaduct, London EC1A 2FG

CG41727.indd 2 16/07/2008 16:37:42