Intellectual Property Matters Relating to China
1. Strategies to combat intellectual property right infringement in China
In China today, counterfeit copies of genuine products are still being sold on the market. Further, there seems to be no end to cases of unrelated parties registering trademarks that are famous in other countries before the proper holder can register them in China. Therefore, using effective strategies to combat these and other infringements of intellectual property rights in China will continue to be important.
2. Legal restrictions on licensing of intellectual property in China
China’s Regulations on the Administration of Import and Export of Technologies and other laws impose restrictions on intellectual property licensing and joint research and development with Chinese companies, among other matters. Therefore, it is necessary to take care not to breach these restrictions when carrying out any activities that may be subject to them.
3. Need for employee invention regulations
Employee inventions in Chinese subsidiaries are becoming more and more common lately, but if there are no employee invention regulations governing inventions by employees in China, the employer may be forced to pay remuneration at a high statutory interest rate under the Chinese Patent Law and its implementing regulations. Therefore, if there is a foreseeable possibility of employee inventions being created in a Chinese subsidiary, the parent company must prepare employee invention regulations as soon as possible.
4. Services provided by Kuroda Law Offices
We can provide advice on strategies against intellectual property right infringements (such as counterfeit products) and on points requiring caution when licensing intellectual property to and engaging in joint research and development with Chinese companies, based on our wealth of previous experience.
We can also prepare employee invention regulations that comply with China’s Patent Law and other relevant laws and that are customized for each Chinese subsidiary, taking account of the client’s wishes.
The major services we provide in relation to intellectual property matters relating to China include:
- Responding to infringements of intellectual property rights (including patent and trademark rights) in China
- Filing applications for intellectual property rights (including patent and trademark rights) in China
- Licensing intellectual property (including patent rights, know-how and trademark rights) to Chinese companies
- Advice on joint research and development with Chinese companies, Chinese universities, etc.
- Preparing intellectual property regulations (employee invention regulations) for use in China
- Auditing royalties for licensees in China