Intellectual Property

JT&N’s intellectual property practice is a core strength of the firm. Since its establishment in the early 90s, the firm has nurtured a legal specialization focusing on science and technology and the representation of innovative companies. As a result of many years of successful represention of clients innumerous landmark IP matters, JT&N has earned universal accolades 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 contract dispute and infringement issues to network IP rights, electronic commerce, license trading and franchising. 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 license, trademark license, joint development agreement, toll manufacturing agreement, technology transfer agreement, 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 bein 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 decisionmaking 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 reform and legislation, and the firm's lawyers have extensive experience working with various government authorities to improve IP law and regulations.


Representative Cases
  • Representation of plaintiffs in patent cases: we currently represent leading chemical, pharmaceutical and agrochemical companies in patent litigation proceedings in various PRC courts and before the Patent Reexamination Board (PRB). JT&N successfully obtained pre-suit injunctions against defendants infringing core patents of our clients’ innovative technology, and we subsequently won the patent suits as well as successfully defended the patent validity before the PRB and in court.

  • Representation of defendants in patent cases: we represent domestic as well as multinational companies in defending allegations of patent infringement and have successfully resolved many disputes on behalf of our clients.

  • Section 337 investigations: JT&N together with Miller & Chevalier jointly represented Ningbo BEIF Group in responding to a Sec. 337 Investigation concerning marker pens. Our efforts led to a favorable outcome for the client, which resulted in the plaintiff terminating the suit, and JT&N’s client being permitted to sell its products worldwide. The victory was highly praised within the industry as well as by the PRC Ministry of Commerce.

  • Trademark litigation: we represented Hong Kong Crocodile Shirt Holdings in its dispute with French LA Chemise Lacoste S.A. over the “Crocodile” trademark. JT&N advocated the position that courts should consider multiple factors in determining trademark infringement, including history of use, consumer ability to distinguish, the balance of private and public interests, as well as distinguishing characteristics of the mark and its associated designs. The case was successfully resolved through reconciliation of the parties, pursuant to the terms of which the parties agreed to jointly develop the Chinese market. The settlement was widely reported in the media, including CCTV.

  • Online copyright infringement litigation: we represented Century Interconnection Communication Co. as defendant in a high-profile suit brought by six famous Chinese authors including Wang Meng and Zhang Kangkang, in connection with the online upload, storage and transmission of their works. The case was a legally complex one with a strong social impact, and the trial was broadcast live on Beijing TV. JT&N lawyers put forth pioneering legal arguments regarding network communication rights whcih laid the ground for a later judicial interpretation issued by the Supreme People’s Court.