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Intellectual Property: The China Threat

CDs/DVDs of two 90-minute CLE teleconferences with Q&A

Part 1: Essential Preemptive Steps to Protect IP Rights

Conducted on Tuesday, February 19, 2008
Now available on CD/DVD

Part 2: Strategies for Policing and Enforcing IP Rights

Conducted on Tuesday, February 26, 2008
Now available on CD/DVD

Description

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.

Outline

Part 1: Essential Preemptive Steps to Protect IP Rights

Protecting IP before entering China
1. Clean chain of title
2. Non-compete agreements
3. Register IP in U.S. and/or protect trade secrets
4. Know limitations (review licenses, assignment rights, etc.)
Registration of IP in China
1. Patents
2. Trademarks
3. Copyrights
4. Trade secrets
Counterfeiting and anti-counterfeiting strategies
1. Monitoring threats to IP
2. Negotiating channels of electronic goods
3. Internet counterfeiting
4. Working in conjunction with other organizations (NGOs, associations)
5. Take appropriate enforcement action
Brand protection strategy
1. Securing rights
2. Due diligence and implementation
3. Getting the right agreements – are the contract terms sufficient to protect rights?

Part 2: Strategies for Policing and Enforcing IP Rights

Enforcement
1. Administrative enforcement
2. Civil enforcement
3. Criminal enforcement
4. Calculating damages/compensation
5. Local protectionism issues
Best practices for protecting IP rights in China
1. Developing and using customs tools to tackle infringement
2. Audit IP assets before entering Chinese market
3. Choosing Chinese partners
4. Understanding cultural differences
5. Build cooperative working relationships with local agencies
6. Register IP in China

Benefits

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?

Faculty

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, as well as copyright matters including software and entertainment matters, and patent disputes. His article on protection of Chinese character trademarks was chosen by the Republic of China IP Office's Director General for teaching material.

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.

Ordering

Teleconference on CD

Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).

For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.

Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
^{Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option}

Self-study CPE is not offered on CD purchases.

CD, Parts 1 & 2 $544.00 plus $18.90 S&H

CD Part 1 & 2 Combo Savings of $50.00

CD, Part 1 $297.00 plus $9.45 S&H

CD, Part 2 $297.00 plus $9.45 S&H

CLE Processing on CD/DVD (NY and CT Only)

CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.

CLE on CD Processing, Parts 1 & 2 $90.00

Part 2 Only $25.00 with CLE on CD Part 1 & 2 Combo

CLE on CD Processing, Part 1 $65.00

CLE on CD Processing, Part 2 $65.00

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