INTELLECTUAL PROPERTY PROTECTION

知识产权保护



知识产权保护

What does IP mean?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols,names and images used in commerce. IP represents property rights and is protected in law by, for example, patents, copyright,industrial design and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.


What advantages do IP confer upon a company?

Companies, large and small, need to set themselves apart from others in order to compete successfully in the market place. For technology companies, their R&D efforts are often captured as inventions and proprietary technology. Inventions and proprietary technology are generally protected as patents and trade secrets, respectively. Without adequate protection, which often requires setting up an internal process to document and harvest the fruits of their R&D efforts, companies would be replaced by competitors, and lose out. Companies such as Intel, Microsoft, IBM, Nvidia, Apple, and Huawei are such IP owners, to name just a few.

 

For other companies, they set themselves apart more by offering goods or service of consistently innovative and superior quality. They create name recognition, and thus goodwill, to distinguish themselves from others. For such companies, their brands can be protected as trademarks, which require the companies to take affirmative steps to ensure the quality of the goods, or services, bearing such marks. They would also take aggressive measures to protect their brands by policing the market place. Companies such as Coca Cola, Proctor & Gamble, Apple, Gucci, and Prada are such companies.

 

Whether the core strengths are based on technology or not, their IP represents a competitive advantage, which could contribute to the overall valuation of the company. Without IP, investors would wonder what a company has to keep their competitors away. Or what has the company done with the investors’ funding? Why would their customers keep coming back to them if “me-too' products are widely available from a 3rd party?

 

In the eyes of competitors and customers, a company’s IP asset is what keeps one away, while retaining the other. Having IP awareness also helps companies become more creative and innovative as they focus on creating values that distinguish themselves from others.


How about the status of IP in China?

China has come to embrace IP much later than other industrial countries, such as the US, Germany, Japan and UK. However, since China’s entry to the World Trade Organization (WTO) in 2001, its pace on building an IP society has picked up, in terms of innovation, patent filings, and enforcement atmosphere. Nowadays, China has earned the top spot in patent filing at the Patent Cooperation Treaty (PCT). Companies wishing to be listed in China’s vibrant stock markets are increasingly improving their IP assets in order to improve their qualification. Companies with exports to the US, ASEAN and EU are also more aware of the risk of entering new markets if they don’t do their due diligence on IP beforehand. Overall, IP in China has been improving but it still has a lot to catch up.


What our teams could do to assist companies on IP?


Our team of IP lawyers and patent agents could help manage your IP risk, as well as build up your IP assets for the global market. Our services include

   

1. Strategic IP Counseling

a. In-house IP training

b. In-house IP counseling

c. IP organization set-up

d. Risk management in IP-based transactional matter

e. External IP Counsel - annual retainer/part-time/secondmen


2. Patents - Domestic and Foreign

a. Search

b. Competitive monitoring

c. Freedom-to-Operate (FTO)

d. Application

e. Design-around


3. Trademark/Brand

a. Search - Clearance

b. Planning and Global Strategy

c. Application


4. Trade Secret Protection

a. Setting-up and implementation of in-house protection procedures

b. Enforcement and Litigation


5. IP Litigation - Domestic and Cross-Border

a. Investigation

b. Evidence collection

c. Litigation

   

6. Brand Protection (Anti-counterfeiting) -

Domestic and Cross-Border

a. Investigation - online and offline

b. Evidence collection

c. Filing complaint to enforcement t agencies

d. Litigation


7. Appraisal of IP Asset Valuation


8. IP Asset Exploitation and Commercialization

About Us

Our Value Proposition: Local Knowledge, Global Outlook

Duane Morris LLP, a Philadelphia-based law firm with more than 800 attorneys in 28 offices across the United States and internationally, provides innovative solutions to today’s legal and business challenges to a broad array of clients. In Asia, Duane Morris LLP operates through Duane Morris & Selvam LLP, a U.S.-Singapore joint venture formed in 2011.


Duane Morris & Selvam LLP is a full service law firm with both Singapore and foreign law capabilities. Our attorneys in Asia handle complex matters across a wide range of practice areas and pride themselves on being their clients’ trusted advisers. We are known for our entrepreneurial approach, deep local knowledge and global outlook. In addition, our firm has a long-standing relationships with a vast network of law firms and practitioners in every capital in Latin America forged over 30 years of practice in the region. Our clients include Latin American companies doing business around the world as well as global corporations exploring their expansion within this fast-evolving region. Our Latin America Practice Group includes attorneys who speak Spanish, Portu-guese and French, as well as English. A number of our attorneys have experience in and are admitted to practice in jurisdictions in Latin America.

With locations in China, the US, ASEAN, and EU, our global teams offer a full range of commercial and corporate legal services, please visit our website at: www.duanemorris.com . Please contact our Shanghai Office at pkyu@duanemorris.com .

 

Shanghai Veritas Law Corporation is a unique boutique law firm offering one stop legal and corporate services to our clients both local and overseas. Our team comprises attorneys having extensive experiences in various jurisdictions that could efficiently and effectively meet our clients’ inbound and outbound business’s need. Our firm is particularly strong in the areas of merger and acquisition; foreign direct investments; overseas direct investment; capital market services which include pre IPO advisory services, listing on US, Hong Kong and Singapore exchanges; compliance management; intellectual property; labour law; infrastructure related matters; insolvency practice; litigation and arbitration.

Please contact us at hlj@shveritas.com .

 

SBA Stone Forest (“SBASF”) is a corporate advisory and public accounting group, and a wholly-owned subsidiary of the Stone Forest group in Singapore. We are headquartered in Shanghai with offices in Beijing, Suzhou, Shenzhen, Chengdu, Hangzhou and Hong Kong.

For over 20 years, we have been supporting the growth of internationally active companies, helping Chinese enterprises expand their businesses overseas, and helping foreign businesses to set up in China. We offer expert knowledge and one-stop, hassle-free solutions for company set-up, accounting, audit, tax compliance, payroll & HR advisory, CFO service, and business advisory. International businesses appreciate our Singapore heritage as it epitomises excellence, integrity and trust. We share the same systems, high standards, international best practices and service culture of our Singapore parent company. As a member of the Allinial Global network, we have a global reach of over 592 locations in 85 countries, including more than 60 firms across China, and are well-positioned to support enterprises within and outside China.

For more information, please visit www.SBASF.com . Please contact us at info@sbasf.com .