China IP Commercial

Deacons can help you navigate the challenges of doing business in China and advise on practical steps to protect and manage your IP assets and use them to their greatest advantage.

As China continues to encourage foreign investment, taking advantage of the opportunities for doing business in China requires professional advice from someone familiar with the local law, thorough due diligence and a holistic IP strategy and knowledge of cross-border issues. Our team understands the complexities of Chinese contract law and regulations and can provide pragmatic advice on your commercial transactions to ensure effective arrangements, practical protection and predictable contract enforcement.

Deacons’ IP team offers wide-ranging consultation services connected with the effective commercialisation of IP assets in China. In particular, our lawyers have considerable experience of all kinds of China-related commercial advisory work, from IP audits, due diligence, consumer rights and local law compliance, to acquisitions and joint ventures. We also advise on a broad range of transactional IP agreements from assignments, franchising, licences, manufacturing and distribution agreements, to celebrity endorsements and brand collaborations, to R&D, IT and e-commerce agreements. We also regularly advise on the IP aspects of advertising in China, including online marketing campaigns and related agreements.

China IP Commercial Experience

Advised JAC (a subsidiary of JIC Capital, which is a Chinese state-owned investment company) on the US $1.8 billion acquisition of the RF Power business of NXP. The transaction focused heavily on IP and technology transfer aspects, which amounted to approximately half of the transaction value. This was one of the largest outbound technology deals of 2015.

Assisted Ampleon Netherlands B.V. (a company divested from NXP B.V. and one of the leading providers of RF Power electronics), with the evaluation, negotiation and securing of third party patent licences and cross-licences based on the divested entity provisions of third party licence agreements entered into by NXP.

Advised Winshine Entertainment & Media Holding Company Limited and its wholly-owned subsidiary, Billion Pride on the RMB 100 million formation of a joint venture with Novotide BVI. We handled the due diligence of the related technology for malignant tumour treatment and the preparation and negotiation of the license agreement.

Advised a Boston based biotech company on the establishment of a joint venture for personal genetic testing and stem cell bio banking, including advising on the joint venture documentation, patent and trade mark licensing, exclusive distribution agreement, and whether technology exploration rights can be a capital contribution in Mainland China.

Advised a syndicate of Chinese and Hong Kong investors on establishing a joint venture in the UK and conducting due diligence on patents, software and IPs in relation to robotic technologies applied in minimal invasive surgery and endoscopic surgery.

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Advised an American non-profit graduate and professional school specialising in health sciences education on reviewing, negotiating and defining the scope of a patent license agreement with a military hospital in Beijing, China.

Advised a US biotech company on licensing its patents and trademarks in the context of a joint venture with a Chinese biotech company.

Advised a Chinese multinational technology company specialises in e-commerce, retail, Internet and technology on e-commerce in relation to compliance issues, disputes, and on how to strengthen platform protection for genuine brand owners.

Advising famous film stars on endorsement agreements for well-known brands in China.

Advised a Chinese listed company to conduct due diligence for acquisition of patents and technology of a Singaporean technology company focusing on video processing and real-time communications and respond to China Securities Regulatory Commission enquiries in relation to the acquisition.

Advised a Chinese listed company on licensing of new pharmaceutical products, joint clinical cooperation, co-ownership of patents and commercialisation in Chinese and European markets.

Advised a Japanese-American international chain of convenience stores on its franchising arrangements in multiple cities in China.

Advised European fashion designers on the license of their brands for manufacturing, distribution and sales in China.

Advised well known international education institutions on copyright licence agreements for educational course materials used in China.

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