How to protect your IP from China

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Information about How to protect your IP from China
Business & Mgmt

Published on February 5, 2014

Author: harrismourelaw

Source: slideshare.net

Description

In this talk (given at Toronto University Law School in January, 2014) I set out what Western companies can do to protect their intellectual property from China. I discuss Non Disclosure Agreements (NDAs), trade secret protections, non-compete agreements, patents, trademarks, and copyrights, and how companies can use some or all of these things to protect their China IP. I also discuss various "extra-legal" methods for protecting IP.

Protecting Your IP From China DAN HARRIS

What Should You Do? > Choose a good Chinese partner > Figure out what needs protecting > Protect what needs protecting > Secure legal help

Deal/Contract > Structure your deal/contract so your Chinese partner believes it will make more money with you than without you.

Three Keys Good structural protection Good contract Good registration

The Good Contract > In writing > One language > Excruciating detail > Liquidated damage > Attorneys’ fees? > Dispute resolution > Sealed

Arbitration Clause > Where? > What law? > Institutional or ad hoc? > Fees? > Language? > Arbitrators’ nationality?

CIETAC: Contract Clause > > > > > > Specify English language Specify non-Chinese arbitrator(s) Discovery Injunctive relief Third parties Notice

Employee Contracts > Confidentiality/ Trade Secret? > Non Compete? > Non Solicitation? > Ownership of IP? Yes. Maybe. Sure. Absolutely!

Licensing Agreement > Make sure you get paid. > Register it with the proper government agency.

IP Registrations > > > > Patents Trademarks Copyrights Licensing Agreements

Dan Harris dan@harrismoure.com Website harrismoure.com chinalawblog.com USA | China | Mongolia

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