Intellectual Property: The China Threat

The increased focus on doing business in China – and its rapidly evolving regulatory landscape for IP – impacts most U.S. companies. In 2006, counterfeit products seized in China accounted for over 80% of all seizures that year.

To protect IP, companies must have an IP strategy for China, whether or not they are currently doing business in China. Before entering the market, advanced planning is crucial because IP rights take time to obtain in China.

How can companies protect their intellectual property rights, whether they are planning to enter the Chinese market, otherwise do business in or with China, or if their products are vulnerable to counterfeiting or other infringement?

In part 1, the panel examined protection of a company’s IP rights before entering into business in China and while transacting business in China, including registration of IP, anti-counterfeiting and brand protection strategies, and enforcement practices. For part 2, listen as our authoritative panel of IP and China business law specialists further examines the strategies for protection and enforcement of a company's IP rights in China.

The panel included:

Yitai Hu, Partner, Akin Gump Strauss Hauer & Feld, Palo Alto, Calif. He focuses his practice on international intellectual property litigation and client counseling. He advises and assists non-Chinese companies on IP issues in China. On IP theft and misappropriation matters, he identifies sources of pirated trademarked and copyrighted products abroad, secures warrants and pursues those responsible in civil and criminal proceedings.

Paul D. Jones, Principal, Jones & Co., Toronto, Canada. He advises on national and multi-jurisdictional trademark and domain name applications and disputes, including counterfeiting matters. He has written on protection of Chinese character trademarks. He also advises on copyright matters including software, entertainment and film matters and on patent disputes, particularly where an abuse of patent rights is alleged.

Keith Medansky, Partner, DLA Piper, Chicago. He concentrates on intellectual property matters with an international scope, including transactional and litigation matters pertaining to trademarks, copyrights, anti-counterfeiting and technology. He has handled trademark matters in the U.S. and over 100 other countries. He also has extensive experience managing large intellectual property portfolios and addressing complex IP issues.

Stan Abrams, DLA Piper, Beijing, China. He concentrates on dealing with IP, technology and cross-border corporate transactions. He advises clients on China commercial and regulatory matters and on IP aspects of M&A and inward licensing. He also handles registrations according to national and international regimes, portfolio management, enforcement and strategic counselling.

In part 1, the panel reviewed these and other key questions:

• What issues must be addressed for registration of IP in China?
• What steps can U.S. companies implement to protect their brands against infringement?

In part 2, the panel reviewed these and other key questions:

• What are the advantages and disadvantages of using civil enforcement to police IP rights?
• What are the concerns related to local protectionism?
• What strategies can IP owners employ to combat counterfeiting in China?
• What are the best practices for IP enforcement and protection in China?

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TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).

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• both Parts 1 and 2 – $594
  
• either Part 1 or Part 2 – $297 each