Defending Intellectual Property Rights in China

Effective protection of intellectual property was the focus of a forum at a business forum in downtown Shanghai. Attorney Benjamin Bai, of US law firm Jones Day, explained how to safeguard technology in China, drawing from his experience in IP litigation, to a crowd of professionals from multinational companies including Ascendas, Atkins, Colliers International and Gazeley.

The event, sponsored by RightSite.asia, brought together members of China's manufacturing, logistics and industrial asset management community to focus on learning more about issues affecting profitability and sustainability in the market. The forum was held March 24th at the Royal Meridien Hotel Shanghai.

During his presentation, Bai acknowledged that some foreign companies are reluctant to invest in China because of issues like IP theft, however, he was able to cite a number of examples of companies successfully winning compensation for violations of intellectual property through China's courts. He also provided statistics indicating that more companies are protecting their IP.

"If the Chinese court system doesn't work then why are so many people filing IP infringement lawsuits?” Bai asked rhetorically in reference to a graph showing that China is now the most litigious country in the world for IP disputes.

He says that even foreign enterprises can be successful if they prepare themselves and pursue cases properly, but the important thing is that firms make an effort to protect themselves and avail themselves of the legal system in China.

"If you file patents in China there's a chance you'll be able to enforce them,” Bai said, "But if you don't file patents then you don't have any legal right to enforce.”

Michael Cole, the Manager of RightSite.asia and organizer of the event, felt that the forum helped to remove some of the remaining barriers to high-tech investment.

"Many companies moving their R&D operations to China want to make sure what they create won't be stolen,” Cole stated, "Bai's presentation provided some concrete examples of companies successfully protecting themselves through China's courts. A lot of people will be leaving here tonight much more confident about doing business in China.”

Contact
For more information, contact Floria Fu in RightSite's marketing department. Floria may be reached by email at floria.fu@RightSite.asia