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IP in China is not the Wild Wild West

IP in China is not the Wild Wild West. May 5, 2013, Congress Plaza Hotel, Chicago, IL By Arthur Tan-Chi Yuan 袁丹吉. Trusted Local counsels. Be sure to retain a trusted local counsel in China They know the nuances of the trial or administrative court practices As well as the intricate

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IP in China is not the Wild Wild West

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  1. IP in China is not the Wild Wild West May 5, 2013, Congress Plaza Hotel, Chicago, IL By Arthur Tan-Chi Yuan 袁丹吉 IP on China - Growth and Opportunities for US Companies - Overview

  2. Trusted Local counsels • Be sure to retain a trusted local counsel in China • They know the nuances of the trial or administrative court practices • As well as the • intricate • Chinese culture IP on China - Growth and Opportunities for US Companies - Overview

  3. Where to sue Judiciary remedy or administrative remedy? Chongqing Shenzhen IP on China - Growth and Opportunities for US Companies - Overview

  4. Evidence • No discovery, know where • To find the right evidence • E.g., Jaguar’s trademark • Case in 2007 IP on China - Growth and Opportunities for US Companies - Overview

  5. Sound lawyering • Ask the right questions: • Avoid blunders in CHEMDRAW Chinese trademark case in 2010 or IPAD trademark problems in 2012 • There are no silly • questions IP on China - Growth and Opportunities for US Companies - Overview

  6. Lastly… • Have an appropriate IP strategy or business plan for China (just like what you would do for any other country) • Coordinate with your • American outside-counsels • To identify cost-effective • approaches IP on China - Growth and Opportunities for US Companies - Overview

  7. Lastly… • Chinese IP system, IP climate, and IP expertise are improving • Progress maybe slow to some, but it may be remarkable to others in different perspectives • No one-size-fits-all approach IP on China - Growth and Opportunities for US Companies - Overview

  8. Thank you. ayuan@jmls.edu. IP on China - Growth and Opportunities for US Companies - Overview

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