根据CEPA协议，已在内地设立代表机构的香港律师事务所可以申请在内地以联营方式与内地的律师事务所联营。2009年7月，经北京市司法局批准，香港鸿鹄律师事务所与翔鲲律师事务所正式联营。该联营为CEPA实施后的六年中，内地与香港律师事务所已建立的为数不多的几家联营家。两家律所本月初在北京举行了联营庆祝酒会。
香港鸿鹄律师事务是在香港注册的本地律师事务所，同时也是英国鸿鹄律师事务所国际网络的成员之一。
该所擅长于提供知识产权、商业、公司、争议解决、雇佣和金融领域的法律咨询和服务。翔鲲的专长在于知识产权领域的诉讼与执法。
翔鲲管理合伙人罗正红律师曾在鸿鹄北京代表处担任合伙人。他于2009年初加入翔鲲，旨在继续发展其在诉讼与执法领域的业务专长。罗律师此前还曾任摩托罗拉中国电子有限公司北亚区知识产权总监, 主管在中国大陆、香港、澳门、台湾、日本、韩国等区域的知识产权保护工作。
Six years since the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA) first allowed Hong Kong law firms to operate in association with mainland law firms, only a small number of firms have tested the new preferential measures that are set to encourage closer cooperation between the two sides' legal sectors. And few have achieved meaningful collaboration and commercial success.
Bird & Bird Hong Kong is the latest firm to take the plunge - it has formed an association with Beijing Xiang Kun, a boutique contentious firm with a high degree of specialisation in IP. Bird & Bird's status in Hong Kong - a local partnership formed under Hong Kong law and with two representative offices in the mainland China - makes it eligible to benefit from CEPA.
There are a number of other firms in Hong Kong that hold similar status - a Hong Kong local partnership affiliated with a well-known international firm that meets the CEPA criteria. The establishment of Bird & Bird's association with Xiang Kun is innovative way for them to expand their PRC capabilities and market access.
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Associations between Hong Kong and mainland firms under CEPA
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Bird & Bird and Xiang Kun recently celebrated the association, which was approved by the Beijing Justice Bureau in July 2009. "Since the association was approved, the two firms have jointly worked on numerous client matters. It's been beneficial to both firms' clients," said Matthew Laight, the managing partner of Bird & Bird's China offices. "For us it enables our clients to be represented in court by a seamless team of Bird & Bird and Xiang Kun lawyers." As the firm is an affiliated business of UK firm Bird & Bird LLP, the association can also benefit Bird & Bird's overseas offices and Xiang Kun's clients who are undertaking business in Europe and Asia.
"I know some other Hong Kong firms have set up an association with mainland firms under CEPA, but it's not a widespread practice. I think the main reason may be a fear that forming an association with just one firm cuts off opportunities for referral work from a variety of mainland firms," said Laight. "For us, there's much greater benefit in having a very close tie with one firm, particularly because that firm shares our vision on how to provide legal service to clients and what type of services should be provided."
The deep understanding between Bird & Bird and Xiang Kun is rooted in the previous experience of Xiang Kun's managing partner James Luo, who used to serve as Bird & Bird's partner equivalent and the head of the firm's Asia IP enforcement practice in Beijing. Luo left Bird & Bird in March 2009 to join Xiang Kun, a platform that allows him to get back into advocacy in courts and further his specialisation in IP litigation and enforcement.
Under the association, Xiang Kun is the 'best friend' firm and the top choice for Bird & Bird for PRC-related contentious and IP matters. However, Laight notes that not necessarily all referral work will go to Xiang Kun, because the association is on a non-exclusive basis.
Xiang Kun, founded in 1998, now has four partners, one senior counsel and several associates. Bird & Bird has 30 fee earners in its Beijing, Shanghai and Hong Kong offices, comprised of six partners, 15 associates and patent attorneys.
Notably, Bird & Bird Hong Kong's status also allowed the firm to launch a trademark agency in Beijing as a wholly owned subsidiary in 2007. ALB
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