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Intellectual Property in China

Intellectual property protection is a crucial cross-jurisdictional issue, especially for companies entering the PRC market. All companies, regardless of their size, need to protect, maintain and enforce their intellectual property rights. Companies constantly face many legal issues from development to protection and utilization of their intellectual property rights.

Our lawyers possess technical know-how in various fields such as engineering, internet and technology, and employ an multi-disciplinary approach to handle complicated technical matters for our clients. In fact, we are not only familiar with the intellectual property laws of Hong Kong and Mainland China, but also specialized in practical commercial applications. In addition to recognizing a variety of IP-related risks and issues, we provide practicable solutions and legal advice for clients with our experience in the PRC market and industries. Our services focus on trade mark and patent protection, and also cover IP legal services in related sectors such as copyrights, technology contracts, IP consultation, infringement investigations and administrative investigations and prosecutions, undue competitions and domain names disputes. Our clients include a wide range of industries, including international brands, tobacco and wine, cosmetics, aesthetic medicine and pharmaceutical technology, real estate, automobile, foodstuff, internet, software, entertainment and showbiz, etc.

We offer a wide array of PRC-related IP services, including:

  • providing PRC legal opinions on IP-related brand management issues. We help clients to protect their IP rights and realize their business goals by working with them to develop IP protection plans, including IP due diligence, risks assessment, internal management system, restrictions on trade secrets, employment arrangements, registration of proprietary rights and formulation of market surveillance and IP protection plans;
  • assisting clients in handling IP-related administrative procedures in the PRC, including filing registration applications and protecting clients’ intellectual property rights in trade marks, patents, designs, copyrights, etc. In particular, we offer a full array of legal services related to trade mark registration in the PRC, including handling trade mark enquiries from authorities such as China Trademark Office, Trademark Review and Adjudication Board and courts, filing trade mark applications, reviews, oppositions, cancellations and invalidations as well as trade mark confirmation;
  • acting for clients to file civil claims and administrative complaints for trade mark infringement and passing off, liaising with relevant government authorities for taking enforcement actions, obtaining recordation with the PRC customs, as well as coping with raids conducted by customs and local industrial and commercial authorities. Our China Practice team acts on behalf of our clients as plaintiffs and defendants in claims related to patent, trade mark and copyright infringement, unfair competition, false advertisements, theft of trade secrets and IP-related antitrust violations. Our professional lawyers have participated in and managed major IP litigations in the PRC and worldwide, commenced legal proceedings against domestic and foreign shadow companies to protect IP rights, as well as commenced and managed actions against counterfeit products; and
  • acting as counsel for companies or projects in general licensing, cooperation, merger and acquisition transactions; advising on cross-border licensing of the IP rights, enforcement and supervision of contract as well as IP laws and regulations in Hong Kong and Mainland China; and advising on IP ownership strategies. 

We have been well-trusted by our clients for taking initiatives to communicate with, remind and assist them to protect their IP rights. 

If you would like to know more about our China Law practice or how we can help your business, please contact us at (852) 2810 1212 or at china@onc.hk

Please refer to our articles in ‘Knowledge’

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