Challenging the myths about IP enforcement in China
Our dedicated China IP practice team can help you navigate the unique challenges of IP enforcement in China.
The enforcement of intellectual property (IP) has been a persistent and complex challenge for companies operating in China. The scale and ingenuity of infringement requires international experience and familiarity with local courts and practice and the IP legal framework, as well as an understanding of the increasingly sophisticated techniques of infringers, especially when it comes to online infringement. We take a proactive and pragmatic approach to find practical solutions to our clients’ problems.
Our lawyers have successfully represented a large number of local and international companies in IP litigation at all levels of the courts in China (including the Supreme Court), and enforcement actions before administrative bodies such as local intellectual property administrations, the Administration for Market Regulation, Customs and the Public Security Bureau.
We have won a number of high profile and ground-breaking cases and have played a leading role in the development of jurisprudence and procedures in the enforcement of IP rights in China. Our litigation experience in Hong Kong allows us to offer comprehensive advice on effective cross-border enforcement strategies.
Advised Talpa, the creator of the well-known television singing contest “The Voice”, as the Plaintiff, in proceedings concerning the television show “The Voice of China – Zhong Guo Hao Sheng Yin (中国好声音)” against Talpa’s former licensees of “The Voice of China” in China, Hong Kong and Macau. The show is one of the most successful television programmes ever and has become a worldwide success. The matter involves complex cross-border strategy.
Advising a nanotechnology company developed by the UK government in conducting investigations, collecting evidence of infringement, and preparing for various patent infringement proceedings against infringers before local Intellectual Property Offices and court proceedings, and defending invalidations before the Patent Re-examination Board in China.
Assisted a world industry leader in high-performance sports optics in a complex trade mark enforcement programme in China including conducting administrative actions through the AIC and Customs and dealing with online complaints relating to a popular e-commerce website in China.
Successfully represented the owners of the famous Japanese brand names in relation to lactobacillus products manufactured in China, under the Anti-Unfair Competition Law, and also persuaded the Hong Kong courts to award a favourable judgement in respect of a passing off and trade mark infringement action.
Acted for one of the world’s largest lighting manufacturer in various trade mark enforcement matters, including domain name disputes, litigations based on trademark infringement and trade name infringement from the Anti-Unfair Competition Law’s perspective in China.
Assisted an international dining restaurant chain in conducting administrative raids against a franchise network operating 9 shops across different major cities in China, including Tianjin, Beijing, Ningbo and Chengdu. Administrative penalties including fines, seizures and cease and desist orders have been imposed against the infringers. An undertaking has also been obtained from the franchisor.
Advised a well-known US organisation in relation to online copyright infringement in China against a local website.
Advised a world leading advertising company in relation to the alleged copyright infringement in China of a musical work by a French composer involving an advertisement for a famous mobile phone brand.
Advised and administrating a trade mark enforcement programme in China in relation to wireless technology.
Advised a world’s leading California-based agribusiness in fresh fruits on China IP strategy, protection and commercialisation of plant variety rights (PVRs), as well as enforcement and litigation matters arising from PVR.
Advising clients on contentious matters in relation to patent entitlement and inventorship, licensing and assignment, infringement and validity of Chinese patents.