Since China’s entry into the WTO, protection and enforcement of intellectual property rights has improved greatly, but there is still a long way to go. This means that every foreign enterprise that is, or plans on, doing business in China must have a comprehensive intellectual property protection program that covers not only registration, but education and enforcement. This effort has no geographic boundaries and often requires coordination with the foreign enterprise headquarters. IPO Pang can handle projects as simple as a trademark registration to something as complex as infringement and counterfeiting. Foreign enterprise clients often approach IPO Pang when their rights have been misappropriated or their businesses in China have been the subject of unscrupulous or unfair competition tactics.
Intellectual Property Registration
Our practice involves assisting the foreign enterprise with registration of trademark, copyright and patents, and all related administrative actions, drafting and negotiating agreements, licenses, transfer of technology and related conveyance documents, royalty and franchise agreements, and more. We often consult with the foreign enterprise’s R&D departments, identifying key rights to be protected, defend against infringement claims, or structure intellectual property transactions to leverage the foreign enterprise’s technological edge. Because of our experience, we partner only with the most capable team members and affiliates, sharing with them our own consistently high standards so as to fulfill the client’s needs and aspirations. Read more here in our article about registering patents, trademarks, copyrights and domain names in China.
Intellectual Property Rights Protection: Counterfeit Investigation and Litigation
Our vast network of investigators and field representatives are adept at investigating, raiding and seizing of counterfeits (with support from the local TSB and PSB). Many of these investigators and managing attorneys have scientific and technical backgrounds that facilitate on-the-spot identification of infringing products. Where necessary, in conjunction with our partners, we bring legal and administrative actions against violators, thereby maximizing the foreign enterprise’s Chinese enforcement footprint and sending deterrent messages to all those who may even consider this line of business.
We recognize that often enforcement takes place not only in the courtroom but in the marketplace, and our combination of legal acumen and street savvy places IPO Pang in an elite class of intellectual property counsel. We see intellectual property protection and enforcement as an integral part of a foreign enterprise’s strategic entry plan, and we work with our clients to develop a program of intellectual property protection and enforcement that is multi-faceted, including not only defensive but offensive tactics. Only through this unique partnership between ourselves and our foreign enterprise clients are we able to weave a stewardship of the client’s intellectual property portfolio that provides results, protection and enforcement capabilities, all wrapped up in a cost-effective package. Where such expertise is needed, our network of local tax lawyers can work closely with the foreign enterprise client to ensure securitization of revenue streams from intellectual property licensing while ensuring that maximum tax advantages are not overlooked. In this way, our clients reap the maximum benefit of their inventions.