ARTICLE
10 June 2013

IP Protection In China: Strategies For A New Era

FL
Foley & Lardner

Contributor

Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Recently, China sought to reassure foreign investors that it would never close its doors to the outside world and was committed to making China a fairer place to conduct business.
China Intellectual Property

Recently, China sought to reassure foreign investors that it would never close its doors to the outside world and was committed to making China a fairer place to conduct business. "We are protecting the legitimate rights of foreign enterprises according to law," said Chinese President Xi Jinping during a roundtable discussion with international business leaders at the Boan Forum for Asia. Xi's comments come as U.S. investors and businesses grow increasingly wary about the investment environment amid concerns over rising costs and the protection of intellectual property. Among other costs, workers' wages have increased much in recent years, forcing foreign businesses to balance shrinking marginal profits against risk of intellectual property loss.

Companies conducting business in China are acutely aware of the risks regarding their intellectual property rights, and attention to detail in both the pre-contracting and contracting stages is key to combatting IP infringement. As a pre-contracting matter, a U.S. company needs to identify the types of IP rights because, like the U.S., China classifies IP rights according to the type of IP. Following identification of the different IP rights potentially at risk, the U.S. company should further ascertain whether appropriate registrations of certain IP rights have been sought in China, and if not, whether it shall pursue such registrations. In the contracting stage, it is critical that a U.S. company use a legal contract that clearly defines ownership of the IP rights. Such a legal contract should identify the IP rights at issues, and have provisions covering term, territory and exclusivity or non-compete.

A more detailed discussion of strategies to combat these risks can be found in the article titled "Protection of IP Rights in China," co-authored by Mark Aiello and Charley Meng.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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