Intellectual property (IP) is a longstanding and major concern for companies operating in China. Concern about IP enforcement remains a major factor influencing company strategies and operations in China due to scale and persistence of unsolved problems in the Chinese system for IP protection and enforcement.  Challenges remain for foreign companies in areas such as trade secrets, uneven enforcement, and significant procedural barriers that frustrate company efforts to protect IP in China.

 

 

Who Should Join the Webinars?

Counsels, attorneys, IP managers, heads of R&D, and CEOs of businesses which have operations in China

 

 

Webinar Series Overview

 

Session 1: Design your IP Strategy in China
9:30 GMT / 16:30 CST, Thursday, 17 September 2020


 

Although today more than a few international observers have come to the conclusion that in terms of IP protection, China has reached international advanced levels, one of the major concerns for foreign companies wishing to enter China or already have presences in China is how to design a well-positioned IP strategy. 

 

In this webinar, our speaker will discuss how Chinese IP law and protection system is different from the ones in common laws, and provide practical advice on designing, crafting and implementing a corporate IP strategy to set up and expand your business in China.

 

 

• Key features of China’s IP protection system

• How it is different from common laws

• Critical measures to protect your IP rights in China

• Practical suggestions for expanding your business into China

Session 2: Enforce Your IP Rights in China

 

Once a foreign company has designed and placed a well-positioned IP strategy in China, the next step is to understand the complexity of enforcing your IP rights (IPR) in China.  The IPR available in China are similar to those available in Europe.  The registered rights available are invention patents, utility patents, design patents and trademarks. Copyright can also be recorded. There are unregistered rights derived from the law on trade secrets and unfair competition but these are difficult to rely on. 

 

In this webinar, our speaker will elaborate on the relevant Chinese legal proceedings in relation to IPR, difficulties in enforcing IPR and what might be the alternative grounds for enforcing your IPR in China.

 

 

• Overview of IP enforcement system in China

• Civil, administrative and criminal proceedings

• Difficulties in enforcing IP rights in civil proceedings: preliminary injunction, evidence, award of damages and local influence

• Alternative grounds for enforcing IP rights

 

9:30 GMT / 17:30 CST, Thursday, 12 November 2020

 

While China has become one of the most lucrative markets worldwide, it is also known as a difficult market due to distinctively different business cultures from western countries. 

 

In order to secure, protect and enforce your IPR in China, negotiating IP contracts with Chinese partners must be handled with care. 

 

In this webinar, our speaker will help you understand your Chinese partners from business interests and culture aspects as well as how to negotiate essential clauses for your IP contract to fully protect your IPR.

 

 

• Understand your Chinese partner: business interest and cultural difference

• Mandatory and prohibited clauses in IP contracts

• How to break deadlock in negotiating IP contracts

• How to negotiate language, governing law and dispute resolution clauses

 

9:30 GMT / 17:30 CST, Thursday, 10 December 2020
 

IP is considered the most effective tool to promote innovation. However, some traditional views hold that IP is a legal monopoly right conferred by the state and this monopoly right would restrict competition. Thus, the relationship between IP and antitrust law is tensional and conflicting. From a business perspective, foreign companies need to watch out relevant antitrust law in relation to IP law in order to enforce and protect IPR in China.

 

In this webinar, our speaker will interpret antitrust laws within an IP law context, defining monopolistic behaviors and justifiable grounds and providing insight into alternative ways for foreign companies to bypass antitrust law restrictions to achieve business needs.

 

 

• Interpret antitrust laws within an IP law context

• Monopolistic behaviors and justifiable grounds

• Alternative ways to bypass antitrust law restrictions to achieve business needs

 

 

China is increasingly viewed as an important market for brand growth.  However, brand owners frequently fail to develop and execute an appropriate strategy for establishing and enforcing trademark rights in China, which often cause substantial loss for the businesses.

 

In this webinar, our speaker will talk about factors a foreign company must consider when developing and placing a brand strategy to protect IP in China including registering trademarks in China, measures to avoid losing your trademark and key issues of transferring or licensing trademarks in China.

 

 

• Factors to be considered when registering your trademarks in China

• Trademark, company name and domain name

• Avoid losing your trademark in China

• Key issues of transferring or licensing trademarks in China

 

 

Nearly all businesses in all industries and sectors possess trade secrets. Amongst all the IP, trade secret protection might be seen as one of the most valuable and important assets for businesses. It is strongly recommended that foreign companies take the adequate steps to protect them in China. 

 

In this webinar, our speaker will advise foreign companies on strategies for trade secret enforcement and protection as well as measures need to be taken in order to overcome difficulties in enforcing trade secrets in China.

 

 

• What are defined and protected as “trade secrets” and the criteria for the protection

• Difficulties to enforce trade secrets

• Strategies to enforce trade secrets in China

 

 

The implementation of China’s new foreign investment law has brought a number of changes for IP transfers of foreign companies to both foreign and Chinese companies. One of the challenges facing foreign companies coming to China is devising creative solutions to minimize the risk to their IP associated with technology transfers. 

 

In this webinar, our speaker will provide an overview on IP transfers in relation to foreign investments and provide professional advice on legal measures that foreign companies should place to succeed in transferring IPs under the new Chinese foreign investment law.

 

 

• IP and other technology as in-kind capital contributions 

• IP transfers as ancillary arrangements

• IP licensing as a way to bypass foreign investment restrictions

Speaker



Xun Yang

Xun Yang graduated from Fudan University China with an LL.B. degree and LL.M. degree.  He also obtained an LL.M. degree from Columbia University, U.S.

 

Xun specializes in Intellectual Property Protection, Cyber Security and Information Governance, Privacy, Unfair-competition, and regulatory matters in life science and TMT (Technology，Media，Telecom) sectors.

 

Prior to joining Llinks, Xun worked for renowned international law firms including Freshfields Bruckhaus Deringer and Simmons & Simmons in Shanghai, Hong Kong, London and other international cities for 15 years.

 

Xun is regularly invited to contribute expertise for reputable legal publications such as China Law & Practice, Data Guidance, Computer and Technology Law Review, and E-Commerce Law Practitioner. 

 

Xun has been listed by Legal 500 in both IP and TMT areas.  He has also been listed by China Business Law Journal in the life science area.