PRACTICES

To maximize the protection of your legitimate rights and interests
JINCHENG TONGDA & NEAL
INTELLECTUAL PROPERTY
OVERVIEW

JT&N’s intellectual property practice is a core strength of the firm. Since its establishment in the early 90s, the firm has developed a legal specialization focusing on science and technology and the representation of innovative companies. As a result of many years of successful representation of clients in numerous landmark IP case, JT&N has earned wide recognition for its accomplishments in the IP field. Our lawyers advise clients on the full range of IP-related matters, both transactional and litigation, ranging from network IP rights, electronic commerce, license trading and franchising to contract dispute and infringement issues. We are a recognized leader in complex litigation involving patents, trademarks, copyrights, software and trade secrets. The firm represents both domestic and international clients across a broad spectrum of industries, including chemical, pharmaceutical, biotechnology, information technology, semiconductors, telecommunications, materials, electronics, software, multimedia, manufacturing and finance.

The firm’s IP services include:

Advice – assisting clients in the formulation of IP strategies; advising clients on IP-related transactions, including the acquisition of technical assets and IP due diligence in the M&A context; preparing and negotiating IP-related agreements; providing opinions on infringement, validity and freedom to operate; and providing comprehensive IP solutions for clients.

Litigation – we have extensive experience with the various dispute resolution methods utilized in the PRC, including civil, administrative and criminal litigation, administrative proceedings for patent and trademarks, and arbitration. The firm’s attorneys have litigated cases on a wide range of issues, including infringement, patent validity, licensing disputes and unfair competition. Many of the cases have presented ground-breaking legal issues in fast-developing industries such as biotechnology, plant variety, semiconductor, information technology, software and internet. Our services include assessing the strength of a client’s case, developing litigation strategy and tactics, such as injunctions, evidence preservation, property preservation, evidence collection and warning letters, as well as providing legal advice on corporate communications concerning IP disputes, representing clients in litigation and negotiating settlements on behalf of clients. JT&N lawyers can also serve as arbitrators for clients.

Transactional – we advise clients on the full range of licensing matters, including patent licenses, trademark licenses, joint development agreements, toll manufacturing agreements, technology transfer agreements, franchising contracts, e-commerce contracts, import/export contracts, consultation service contracts and confidentiality agreements. We also advise clients on transactions in which IP is a core concern, which may be in the context of venture capital investment, corporate reorganization, M&A and the like. We assist clients to assess proposed transactions, devise strategies and work plans, conduct due diligence, preparation of documentation and negotiation of all IP issues.

Investigation – JT&N supports clients in the conduct of investigations to collect information necessary for decision-making on transactions or litigation, for example, the gathering of evidence of sales or manufacturing by a plaintiff in an infringement suit. Our investigative services are carried out under the close supervision of legal counsel, strictly in compliance with the law, and are productive and cost-effective.

Other IP services – JT&N is an active participant in IP law reform and legislation, and the firm’s lawyers have extensive experience working with various government authorities to improve IP law and regulations.


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