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China Intellectual Property Practice

Overview


Contact:   Michael W. Vella, Nigel Stamp or Gordon Milner

While the firm’s China practice includes all aspects of representation in the areas of international securities offerings, investment financing and dispute resolution, it is particularly well recognized for its expertise in the area of intellectual property rights protection and enforcement.

An overview of the matters handled by the firm’s China practice lawyers in this area includes the following:

  • Assistance with trademark, copyright and patent registration in the PRC
  • Intellectual property licensing including licensing structure, negotiation and documentation
  • Coordination of global intellectual property strategies
  • Development of anti-counterfeit protection strategies
  • Implementation of intellectual property enforcement actions, including:
    • Arranging for investigations
    • Coordinating with governmental enforcement agencies
    • Supervising enforcement raids and counterfeit product seizures
    • Monitoring resolution of administrative enforcement actions
    • Ensuring destruction of counterfeit goods

  • Development of legal strategies for, and ongoing supervision of, intellectual property litigation in the PRC

Registration & Protection

Our China attorneys are well-versed in the registration and approval requirements applicable to the protection of copyrights, trademarks and patents in China and have advised clients on these matters in the context of software, internet and other technology-based, manufacturing, import/export and service industry sectors. They consistently provide our clients with exceptional depth of service in the area of intellectual property rights registration and licensing and, as a result, they counsel business clients on numerous issues relating to trademark, copyright and patent registration, intellectual property licensing and assignments. We advise business clients who seek to proactively protect their copyrights, trademarks, patents and trade secrets from infringement and misappropriation in China, often providing advice on the development of overall intellectual property protection strategies on a broader, more global basis. Enforcement

Our attorneys have the practical expertise and hands-on experience to initiate relevant enforcement actions with local customs bureaus and, if necessary, work with local law firms to petition the appropriate PRC court to further protect our clients’ intellectual property interests. The firm’s Beijing lawyers have significant experience in working effectively with China’s government authorities to enforce the intellectual property rights of our clients in situations where infringement or misappropriation has occurred and counterfeit goods have been manufactured, sold or exported. In circumstances where clients suspect that counterfeit products have been, or are being, sold in China and/or exported to the United States, the firm’s lawyers are well-positioned to invoke the governmental cooperation needed to actively counter such unauthorized activities through the use of investigatory proceedings, enforcement raids, and policing activities as well as by means imposing fines and, to the extent necessary, seizing, detaining and confiscating counterfeit goods.

In the event that a client’s legal needs relate to litigating intellectual property issues in the PRC, our lawyers’ extensive legal knowledge, combined with their sensitivity to practical business concerns, enable us to assist the client in resolving such litigated issues in an effective and efficient manner.