The firm organised 2 breakfast debates (Paris on December 2nd and Lille on December 3rd), on the following theme “Tax control”. These debates were conducted by Emmanuel du Douët, Bertrand Debosque and Jérôme Granotier.

The following subjects were discussed: • understanding the control procedure, • practical methods for evaluating ones situation, • how to manage a control to your advantage.

On the 12th of September, Bruno Lefébure and Jacques Goyet conducted a conference at the summer university at ESC Rouen, on the following theme “Manufacturing in China, the world’s factory: feedback on experiences and the future outlook.”

The following subjects will be discussed:

- Contractual traps to be avoided.
- Intellectual property protection.
- European law on REACH.

Click here for more information

Christophe Lestringant, lawyer, held various training sessions (4th July at Aix, 7th July at Lyon, 15th September at Paris and the 16th September at Lille) on the following theme “Introduction to transfer cost”.

The following points were discussed: General rules - Principals of current transactions The French approach - Law fundamentals - Outcome and previous experience feedback. - Agreement procedures.

During a dinner-debate, which was organized last July 1 by the Club Chine Présent et Futur (“China Club Present and Future”) and dedicated to Chinese methods of negotiations, Bruno Lefébure, attorney-at-law and partner responsible for the China Team in Paris, made a presentation on the following topic 'The legal dimension of negotiations between Westerners and Chinese'. Bruno Lefébure introduced China as a legal “minefield”, which is however necessary to cross.

Mr Lefébure insisted heavily on the need to protect one’s interests before venturing on the Chinese market, for example by signing a confidentiality agreement prior to even starting the negotiations. It was furthermore reminded that China may be a State of laws but not a State of rights. Nowadays a significant number of laws are adopted but suffer difficulties as to their implementation due for instance to divergent interpretations at local and national levels. Moreover, it may take several years sometimes to implement certain decrees. In such a context, it is therefore difficult to rely on solutions that are pre-established, for example by resorting to standard contracts that are available on the Internet.

On the contrary, any contract should be custom-made and drafted, if possible, with the assistance of a legal counsel. Bruno Lefébure then tackled the issue of Foreign Direct Investments (FDI) in China. The process of investing in China is “a treacherous obstacle course”. FDIs in China are framed today by increasingly abundant regulations and subjects of disagreement between Chinese and their Western partners are plentiful. This is the reason why investors prefer to avoid entering into joint-ventures and would rather invest alone. In addition, a new catalogue of foreign investments has just been published (made public on October 31, 2007) by the Chinese government to which it is imperative to refer.

These obligations are related to their incomes that originated in France which they received in 2007. Is your company employing one or more French expatriates in China? Individuals that have the fiscal status of non-resident in France must fulfill their obligations with regard to their income tax returns by July 15, 2008 at the latest. These obligations are related to their incomes that originated in France which they received in 2007.

As every year, our firm was represented by Anne-Marie Pecoraro at the world-wide congress of intellectual property the: International Trademark Association (INTA) which was held in Berlin from the 17th to 21st May 2008. During the same event, within the international network of law firms, Meritas (which we are a member of), In collaboration with Meritas Bénédicte de Carlan and Anne-Marie Pecoraro held a stand and welcomed almost 200 foreign correspondents, clients and prospects at a dinner that was organized for this occasion.

BIGNON LEBRAY & ASSOCIES was present at the 42nd edition of Midem (the world’s music market) held on the 27th-31st January 2008 in Cannes and was inspired by an ever evolving music market, new project research, and the arrival of a new participant; China. Within this event, Anne-Marie Pecoraro was able to participate in two conferences.

• User Generated Content: New Business Models and Legal Issues
  User-generated content is the most-discussed but least-understood force to hit us since P2P. When is content user-generated and who actually owns it? How is it changing the industry and do we need to re-evaluate existing licensing and legal frameworks to take account of it? In this session the IAEL has lined up legal and business experts from across the media and both sides of the Atlantic to make sense of user-generated content. From new legislation to new business models, from its democratising power to the methods to properly monetise it, this seminar plots out how law and business should react to 'UGC'.

• Midem Indie Summit/IAEL Legal Workshop (www.iael.org)
  This IAEL workshop, led by specialist lawyers Anne-Marie Pecoraro from BIGNON LEBRAY & ASSOCIES in Paris and Steve Masur from MASUR LAW in New York is your chance to ask a lawyer the particulars about the new deals many labels are now signing with artists, including the new '360°' contracts, exemplified by Madonna's deal with Live Nation.

PROGRAMME OF THE TRAINING
SESSION INTERNATIONAL MOBILITY MANAGEMENT : CONTRACTS, REMUNERATION, INCOME TAX, SOCIAL SECURITY

Available dates for 2007 : December 10th and 11th. 

Purposes of the training : Understanding labour law, income tax and social security rules applicable to global workforce management in an international context. Managing employment contracts for inbound / outbound expatriates or seconded employees. Making appropriate choices regarding remuneration packages and social security coverage. Optimizing the social and tax situation for both the company and the employees. Making the company’s practices more reliable. Public Human Resources Managers International Mobility Managers Workforce Managers responsible for expatriates and seconded employees

Contents of the training :

1 – How to conclude and manage employment contracts in the context of international mobility : · Choice of the employment contract - different types of contract / choice of the appropriate contract - parties and obligations bound to the contract - the status of “expatriate” or “seconded” employees · Drafting of the contract - necessary provisions, conventional and legal obligations · Governing law - criteria determining the governing law of the contract - competent jurisdiction in case of litigation · Breach of the contract - term, causes of breach, repatriation and consequences Case study : drafting and amendment of a contract (which traps and mistakes should be avoided).

2 – How to determine the employees’ social security coverage · Secondment or expatriation : - principle of territoriality of the social security - exceptions provided for by international treaties and internal law · Subscription rules and basis of assessment for social security contributions · Benefits - in the country of origin and the host country · Social security regime for employees - retirement, invalidity, unemployment benefits - complementary coverage · Efficiency of the determined system : - criteria of choice and compared costs Case study: determination of an employee’s social coverage in case of transfer to a foreign country.

3 – How to comply with income tax obligations · Tax residence and its consequences on the applicable tax rules · Taxation methods for residents and non-residents · Distinction between short-term and long-term assignments · Different types of income and taxation · Income tax planning for employees · Implementation of tax protection and tax equalisation policies Case study: tax management for an employee assigned abroad.

4 – How to determine and optimize expatriates remuneration · Consequences of expatriation and secondment on remunerations · Implementation of an international mobility remuneration policy · Drawing up of an appropriate remuneration package · The choice of the country where the remuneration is paid - in the “country of origin” or the “host country “ - combined systems · Methods of payment of the remuneration · Determination of the cost supported by the employer Case study : Implementation of an optimized social and tax planning.

Anne Marie Pecoraro, partner in charge of the Intellectual Property department, and Stéphane Couchoux, partner in charge of the Patronage, Foundations and Associations chaired on November 22, 2007 a round table on the following topic: 'Investing in art: what are the stakes for the artist and the company' which was followed by the art opening party of Meriem Bouderbala.

Meriem Bouderbala lives and works in Paris and Tunis where she was born. Between North and South, she exhibited her art in prestigious galleries and museums. Meriem, who studied art at the Beaux-Arts of Aix-en-Provence but also in London, has brought into the world an international and protean creation stamped with richness and truth, which she draws from her culture – she thus powerfully invites us into her universe between symbols and abstractions.

Lionel Weller, partner, will be making a presentation during the 3rd meetings of Companies and Lawyers ('3ème Rencontres Avocats et Entreprises”)

This event is organized by the Bars of Marseille and Aix-in-Provence and by “Publications Commerciales”, and is held on Wednesday, October 24, 2007 from 8:30 am to 10:30 in the Salon Eugénie - Palais du Pharo 58, boulevard Charles Lvon 13007 Marseille on the following topic: 'Reforms and Projects, the' tax package ', the de-criminalisation of business law... what consequences for companies?

On September 27, and September 28, 2007, at the Palais du Commerce – Chamber of Commerce and Industry of Lyon (CCI), will be organized the 3rd edition of the Summer school of the APPEL (Association for the Promotion of Socially-Responsible Companies of Lyon) on the following issue: 'Producing Differently'.

Lionel Roche, partner and President of the APPEL since 2003, will be conducting several round tables.

Lionel ROCHE, shall be conducting the following training seminars organized by “Le Moniteur” magazine in Paris.

- The fundamentals of land mastery
October 18 and 19, 2007
December 10 and 11, 2007

- Conducting a town planning operation on behalf of “Le Moniteur” in Paris
June 4 and 5, 2007
September 24 and 25, 2007
December 3 and 4, 2007

In Lyon
July 2 and 3, 2007
November 5 and 6, 2007

In Marseille
June 18 and 19, 2007
October 22 and 23, 2007

In Toulouse
October 11 and 12, 2007


- The financing of land management operations on behalf of « Le Moniteur » in Paris
October 15 and 16, 2007
November 26 and 27, 2007

As to Environmental Issues, I shall participate in the following conferences:

- CIEPEC in Beijing: China International Environmental Protection Exhibition & Conference.
The Mechanisms of Clean Development and Chinese Law. June 22, 2007 in Beijing.

- The Summer University of the Environment 2007 in Lyon organized in partnership with ADEM, IFP, Axelera World Competitiveness Center Chemistry

- Environment Conference on: REACH, the European Chemical Regulation: Risks, opportunities and perspectives – September 27, 2007

- Conference on the Kyoto Protocol: taking into account the carbon market in the industrial production - September 28, 2007

- October 2007 in Lyon Conference at the Chamber of Commerce of Lyon
REACH, the European Chemical Regulation: constraints and opportunities for small and medium-size companies and industries.

Lionel Hanachowicz, partner, intervened on April 19, 2007 at the “Institut de Droit et d’Economie des Affaires” -University of Lyon 3 on the issue of “Recent legal and jurisprudential evolutions as to the guarantees and liability of bankers.”

The Department of Intellectual Property law and New Technologies (PINT) of Bignon Lebray & Associés is happy to inform you that, as it has done so every year, it will again be present at the Cannes Film Festival, on May 18th 2007, to conduct a seminar on the following issue: 'New media: the promotion and marketing of films and any derivative works.'

The firm will also be represented in Chicago at the 129th annual conference of INTA (International Trademark Association). A stand will be displaying information on the firm and Anne-Marie Pecoraro, head of the PINT Department, will be attending a dinner on April 29th 2007 along with a group of intellectual property specialists from different backgrounds.

Do not hesitate to consult our Midem 2007 conference documents, which will be available on line soon.

Last March 27, Bruno Lefébure, partner, conducted a training seminar at “la Maison du Barreau” on the issue of “Contracts under Chinese law.”

This seminar was organized by AFCDE (the French-Chinese Association for Economic Law) in cooperation with the Paris Bar and the EFB (the Lawyers Training School), within the framework of a training program on Chinese business law.

AFCDE, founded in 1986 with the help of the Paris Bar, gathers French, European and Chinese law practitioners, such as lawyers, public prosecutors, scholars and jurists in view to broadening knowledge of Chinese law and provide Chinese law practitioners with a better cognizance of the practice of the law both at the French and European levels.