3rd Advanced

China IP Counsel Forum

Monday, February 13 to Tuesday, February 14, 2012
Le Royal Meridien Hotel Shanghai, Shanghai
Workshop A: 9:00-12:30 - Registration Begins at 8:30

How to Bullet Proof your Technology Contracts in China: A Practical Checklist for Intellectual Property Attorneys


Dr. Jun Ma
Director of Overseas R&D Management Office
Tsinghua University (Beijing)

Nongfan Zhu
Partner
King & Wood (Beijing)

Fei Zeng
Senior Counsel
Intel (Beijing)

China in-house IP attorney’s daily job is to draft and review technology contracts. It requires not only a good grasp of China intellectual property and contract laws but also a realistic assessment on the current contract enforcement environment in China walk you through key points in the technology contracts as follows:

• Joint ownership
• Patent rights
• Uniqueness of Technology licensing agreement terms
in China
• Supplier agreement
• Government or universities partnership
• Negotiating precise licensing terms with Chinese partners
• Technology contract enforcement: arbitration vs. litigation

Whether you are new to the field of China IP and technology contracts, or a seasoned veteran with substantial experience needing a comprehensive refresher, this workshop will provide you a complete guide to use in your daily IP work.



Workshop B: 13:30-17:00 – Registration Begins at 13:00

A Deep Dive into China Patent Litigation: Litigation Tactics from Both Plaintiff and Defendant Perspectives

Sam Li – for the plaintiff
Senior Partner
JinCheng Tongda & Neal (Beijing)

David Tian – for the defendant
Partner
An, Tian, Zhang & Partners (Beijing)

Designed specifically for multinational companies who are engaged in patent litigation in China, this intense, deep dive, workshop session will provide attendees with a comprehensive overview of litigation strategies for both plaintiffs and defendants.
Learn how to effectively engage in litigation on both sides as private practice attorneys experienced in representing clients on both sides provide you with proven strategies for obtaining success on behalf of your client. You will find this session invaluable for benchmarking litigation strategies with your peers while posing
your most pressing questions to the workshop leaders. Topics of discussion during this session will include:

Strategies for Multinationals as Plaintiff

• Weighing the pros and cons of filing the lawsuits: Aligning
business objectives with legal actions
• Managing expectation: what realistic results you can achieve
through litigation
• Maximizing internal resources for a successful litigation
• Evaluating merits of legal actions: injunction and damages
• Navigating the complex Chinese litigation procedures
• Key pre-suit actions to win the lawsuits
• Conducting effective investigation to find the evidence
to be recognized by Chinese courts
Strategies for Multinationals as Defendant
- How to deal with the delivery of court documents to the
representative office
- Strategies on responding to the court’s investigation
- 5 steps to take immediately after receiving notice of
impending litigation
- How to produce and preserve evidence
- Defendant’s jurisdiction opposition
- Strategies on replying to plaintiff ’s claims