Details
With the rise of the Chinese economy and consumer market, intellectual property (IP) conflicts in Sino-U.S. business transactions are increasing, and consequently, companies are intent on achieving maximum IP values in China-related cross-border transactions.
Conducting Business in China: An Intellectual Property Perspective provides readers with the necessary guidance on conducting business in China from an intellectual property perspective, offering specific advice on how to profitably leverage technology and IP assets while minimizing potential risk for companies and their Chinese counterparts.
Features:
- Provides a unique perspective on China-related IP strategies including proposing win-win solutions for U.S., European, and other international companies and their Chinese counterparts
- Contains an extensive summary and analysis of major IP cases and disputes in China in recent years
- Contains an extensive summary and analysis of relevant Chinese laws, regulations, and rules
- Offers practical guides to develop IP strategies in China
- Features English translations of pertinent Chinese statutes
Readership: US intellectual property lawyers and corporate executives who do business in China and who seek to attract investment from China; European lawyers and business executives who do business in China;Chinese lawyers and business executives may be interested in the book as well, as the book promotes win-win solutions Chinese universities and U.S. Law schools might be interested in buying this book.
Acknowledgements
Introduction
Chapter 1 IP Practice in the New Global Economy
Chapter 2 China's IP System and Trade Regulations
- I. Introduction
- II. Rise of the Chinese Economy
- III. Evolution of the Chinese IP System
- A. China's Official IP Strategy
- B. Chinese Patent Law
- C. Chinese Trademark Law
- D. Chinese Copyright Law
- E. Chinese IP Practice
- IV. Trade Regulations
- A. Law Against Unfair Competition
- B. Pricing Law
- C. Anti-Monopoly Law
- V. Conclusion
Chapter 3 Learning Business and Legal Cultures in China
- I. Introduction
- II. Framework of the Social Network in China
- III. Business and Legal Culture in China
- A. Business Culture
- B. Legal Culture
- IV. Learning the Chinese Way
- A. Common Misconceptions
- B. Five Dos
- C. Five Don'ts
- V. Conclusion
Chapter 4 IP Conflicts in Sino-U.S. Business Transactions
- I. Introduction
- II. Overview of IP Conflicts
- III. Case Studies
- A. The CD/DVD Industry
- B. The Digital TV Industry
- C. The Telecommunications Industry
- D. The Chemical and Pharmaceutical Industries
- IV. Trend in IP Conflicts
- V. Conclusion
Chapter 5 Extracting IP Values in Cross-Border Transactions
- I. Introduction
- II. Leading Edge Technologies
- III. China-Centric IP Practice
- A. Patent Portfolio Management
- B. Technology Transfer and Licensing
- C. Patent Litigation in Federal Courts
- D. Section 337 Investigation
- IV. Deficiencies in the Traditional Business Model
- V. Conclusion
Chapter 6 Understanding Business Implications of International IP Practice
- I. Introduction
- II. Business Implications of International IP Practice
- A. Leverage of the Chinese Market
- B. Impact of the Government's Involvement
- III. Case Studies
- A. Chint v. Schneider
- B. Holley Communications v. Samsung Electronics
- C. Apple iPhone and iPad Trademarks in China
- D. Siemens in China
- IV. Conclusion
Chapter 7 Developing IP Strategies for Structuring Successful Business Deals
- I. Introduction
- II. Rethinking of the IP Practice in the New Age
- III. A Business-Oriented Approach: Finding a Win-Win Situation
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A. Three General Lessons Regarding Doing Business in China
- B. Five Ways U.S. Companies Can Benefit from China's
- IP Policies
- IV. IP Strategies for Structuring Successful Business Deals
- A. China-Inbound Transactions
- B. China-Outbound Transactions
- V. Conclusion
Chapter 8 Future of the China-Related IP Practice
Appendices
- Appendix A: Patent Law of the People's Republic of China
- Appendix B: Trademark Law of the People's Republic of China
- Appendix C: Copyright Law of the People's Republic of China
- Appendix D: Anti-Monopoly Law of the People's Republic of China
Index
Lei Mei, Managing Partner, Mei & Mark LLP
Lei Mei is the managing partner of Mei & Mark LLP, a Washington, DC based intellectual property and litigation law firm. A Chinese native and graduate of Duke University Law School, Mr. Mei counsels large and emerging companies in the U.S. and China regarding IP issues and strategies, drawing from his unique experience in business, technology, and law.
"In Conducting Business in China, Lei Mei brings fresh perspectives to the complicated interplay between the many business, legal, and cultural aspects of doing business in China. Practical, thought-provoking, and engaging, this gem of a book describes a paradigm shift in the way U.S. businesses look at the intellectual property landscape in China. Those who read and study it carefully will richly benefit from the author's wisdom and unique insights. This book is a must read for anyone dealing with IP issues in China!"
--Gary M. Hnath, Partner, Mayer Brown LLP
"Easy to read and packed with practical insight from the author's personal experience. Insights span cultural, relationship, business and intellectual property and add up to a very useful introduction to doing business in China."
--Duncan Bucknell, Think IP Strategy
