As the number of Chinese companies doing business abroad continues to increase, the market share of Chinese enterprises in the United States, and European markets has been expanded. At the same time however, these same Chinese enterprises are facing the problem of intellectual property rights protection in these markets.
In order to solve the above mentioned issues Chinese enterprises face when going abroad, a seminar, titled Chinese Companies and Intellectual Property Rights in Europe---Typical Errors and Consequences and How Chinese Companies Can Best Avoid Getting Sued at the ICT and the Strategy When Sued at the ITC was held by Kangxin Partners, P.C. on September 9, 2009. At the Seminar, IP domestic and international experts discussed issues on how best to protect IP rights in U.S. and European markets, and how to avoid being sued at the ICT. This seminar attracted more than 130 In-House Counsels from a number of large Chinese enterprises.
Mr. David Zhang from Kangxin addressed the seminar, and mentioned in his opening speech that quick response mechanisms should be established in the event of patent infringement. When dealing with patent infringement, on one hand, enterprises should analyze the possibility of reconciliation, seeking ways to settle infringement disputes hopefully reducing patent infringement compensation; and on the other hand, they should learn how to best employ IP strategies to protect their IP rights.
Later, Mr. Yuncai Zhang, Secretary-General of China’s Intellectual Property Rights Society, and Mr. Qing Huang, Director of State Intellectual Property Office Coordination Division, each spoke about current IP issues. Mr. Huang pointed out that The Outline of The National Intellectual Property Strategy, which was issued by the State Council of the People’s Republic of China in early June, 2008, proposed a series of measures to support the overseas development of Chinese companies, including building an information search system for intellectual property and an early-warning system for major events. The Strategy encourages enterprises as well as other market entities to obtain intellectual property overseas, encouraging market entities to actively respond to intellectual property infringements and lawsuits in accordance with law, and to improve their capacity for handling intellectual property disputes. The Strategy further supports projects for creation and industrialization of the self-relied intellectual property as they meet the demand of economic and social development. In conclusion Mr. Zhang and Mr. Huang stated that great efforts need to be made to improve the capacity of intermediary services to handle international applications for intellectual property, to settle disputes, and to participate in international intellectual property affairs.
At the Seminar, Mr. Yongqiang Zhao, a Partner at Kangxin, shared his insights on the cost control strategy of PCT patent applications. Subsequently, Dr. Bernhard Pfleiderer from Prinz & Partner, discussed the topic of Chinese Companies and Intellectual Property Rights in Europe, and the Typical Errors and Consequences. Toward the end of the seminar, Albert L. Jacobs, Jr.from Troutman Sanders LLP, elaborated on how Chinese companies can best avoid being sued at the ITC, and provided several real world examples when discussing the best plan of action in case a Chinese company is sued at the ITC.
The seminar was an absolute success, as all who were in attendance expressed their appreciation for attending such a event. The seminar can be summed up by one attendee commenting, that "this was a timely and very much needed session to educate Chinese companies on how to avoid traps in the United States and Europe, and how to truly maximize our efforts abroad!" |
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