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 fact, counterfeit products seized in China accounted for over 80% of all such seizures in 2006.

To protect IP, companies must have an IP strategy uniquely tailored 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, conduct any business in or with China, or simply protect their IP from counterfeiting or other infringement in China?

Listen as our authoritative panel of IP and China business law specialists examines the best practices to protect a company’s IP rights before entering into business and proactive steps for transacting business in China in Part 1. In Part 2, our panel will offer an in-depth examination of the strategies for protecting and enforcing IP rights in China.

The panel included:

Michael M. Lin, Counsel, IP Division, Procter & Gamble, Beijing, China. He is in charge of Asian laundry and cleaning products’ patent matters. He handles global IP strategies, licensing, drafting/filing, prosecution, enforcement, divestitures, mergers and acquisitions. Prior to Beijing, he worked for P&G in Kobe, Japan for 10 years.

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.

Dr. George Chan, Senior Counsel, Kangxin, Beijing, China. He advises on matters relating to biotechnology, patents, trademarks, and enforcement. He specializes in IP strategies, trademark and patent prosecution and litigation, and administrative actions. He has published extensively in the fields of stem cell biology and osteoporosis and contributed to a number of legal publications on Chinese IP law.

Dr. Jacqueline C. Lui, Managing Director, Eagle IP Limited, Hong Kong, China. She drafts and prosecutes patent cases. She has also been involved in technology transfer, due diligence and litigation. She specializes in biotechnology. She has experience in materials science, semiconductor chip manufacturing and testing, medical devices, and engineering. She is admitted to practice before the U.S. Patent and Trademark Office.

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?
• 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?

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