Training zu Recht und Gesetz

About Luther

Luther Rechtsanwaltsgesellschaft mbH, with some 420 lawyers and tax advisors, is one of the leading corporate law firms in Germany. In addition to having offices in every economic centre throughout Germany, Luther is also present in ten locations across Europe and Asia.

Luther Law Offices in Shanghai employs more than 20 international and local lawyers and is the largest German-speaking law firm in the city.

Luther Shanghai is fully licensed to offer legal services in China and provides advice on all questions of Chinese law. We support foreign investors in the Greater China region on all legal matters with focus on Complex Disputes, Employment law, Corporate/M&A, Compliance & Internal investigations, Commercial and distribution law, IP law, Construction law, IT Law and Tax law. We also provide “one-stop” services covering corporate secretarial services, bookkeeping services, tax filing and payroll services.

Course Introduction

Professional sourcing and procurement staff should have adequate legal knowledge to identify pitfalls and minimize risks, and thus ensure smooth development in the procurement process and secure the supply of all goods and services required for business operation. This course covers a wide spectrum of topics including legal structuring of procurement, contract negotiation and management, export control system, warranty/product liability and dispute settlement, aiming to help local sourcing and procurement staff of multi-national companies get better equipped when identifying reliable suppliers for their overseas headquarters and conducting businesses with Chinese suppliers.

Content

Overview from legal perspective/Export control

• Important commercial legislations
• Chinese export control system

Legal structuring options

• Import: direct sourcing or through trade agents
• Sourcing via own entity established in China
• VAT export refund

Contract negotiation and management

• Supplier creditworthiness investigation
• Fundamental principles of commercial contract
• Letter of intent
• Pre-contract liabilities
• Contract conclusion
• Validity of contract
• Case study for contract conclusion/important clauses (payment, performance, termination, warranties, IP, damages, governing law, dispute settlement, etc.)

Warranty/Product liability

• Inspection and compliant
• Product liability of manufacturer and seller
• Time limitations in the context of warranty/product liability

Dispute settlement

• Governing law and jurisdiction
• Litigation and arbitration (organizations, procedures and comparison between the both)
• Case study for dispute settlement

Intellectual property protection

• Art and form of IPR
• Competent authorities
• Protection methods for trademarks and patents