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Litigation Support

Intellectual Property

Intellectual property rights are acknowledged and protected in the People's Republic of China. Such protection has been established by government legislation, administrative regulations and laws passed in the areas of trademark, copyright and patent. China has developed a comprehensive legal framework for the protection of intellectual property owned by both Chinese nationals and foreigners. Despite this, intellectual property violations are not uncommon in China. Foreigners investing in the Chinese economy must be proactive in defending their rights with respect to existing patents, copyrights, trademarks, and trade secrets.

China Trade Institute offers an "intellectual property audit" for companies who are doing business in China, either independently as a foreign corporation or through a joint venture with other China business interests. Our intellectual property audit encompasses your business’ concern with the establishment of precise valuation and appraisal metrics that contemplate such issues as the uniqueness of your intellectual property (IP); what makes the IP special; how difficult the IP is to design around; what are the significant substitutes; whether detection of an infringement is practical; and the significant avenues that exist in China to enforce protection. China Trade Institute stays abreast of the latest information on intellectual property law in China and the possible valuation impacts over time. The Institute has strategic alliances with top legal, accounting, and other industry professionals that act in proactive concert, through our sophisticated network, to protect your interests.

Our intellectual property audit involves, among other things, the analysis of relevant intellectual property such as formulas, patterns, plans and designs, mechanical devices, technical processes and know-how that provide you with an advantage in the robust Chinese market. We then assist you to implement a proactive plan that takes advantage of our sophisticated knowledge of the China intellectual property terrain. We make it our job to understand China's complex array of intellectual property laws and regulations and realize that good IP legal protection is the key to preserving your intellectual property value. We recommend planning, from the onset, to ensure that you receive the best possible treatment with respect to your intellectual property.

CTI research can assist your law firm to assess various critical issues including:

  • The existence of IP infringements in the China market;
  • The extent of the IP China market penetration;
  • Preliminary assessment of IP potential damage metrics including lost profits, price erosion, and reasonable royalty analyses;
  • Related litigation and/or expert testimony support;
  • A review of standard essential patents ("SEP") pricing (in view of the PRC's push for antitrust enforcement) and what comprises "fair reasonable and nondiscriminatory practices" for the relevant SEP in China.
  • To request more information on the China Trade Institute intellectual property audit select the Launch Form icon below.

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