PRACTICES

To maximize the protection of your legitimate rights and interests
JINCHENG TONGDA & NEAL
Intellectual Property
OVERVIEW

The JT&N Intellectual Property Practice comprises a core practice concentration, and represents a key Firm strength. Since its establishment, JT&N has especially emphasized development of an intellectual property (IP) legal specialization focusing on progressive enterprises, products, and talent in the science and technology sector. Encompassing several subspecialties, the JT&N IP Practice services international and domestic clients, earning prominent market recognition for reliable delivery of high-quality legal advice in a broad array of service areas including: IP and trade secret protection; technology transfers; technical services; trademark licensing and representation in connection with lawsuits related to patents, trademarks and software, among others. Over the past decade, the JT&N IP Practice has continued to expand, encompassing dynamic new fields such as e-commerce, license trading, franchising, internet and high-technology-related IP services.

JT&N’s expert IP Practice team is well-versed in the broad scope of applicable domestic laws, regulations, and policies impacting IP rights, and is highly experienced in the application of relevant international conventions. JT&N’s IP practitioners have also accumulated extensive practical experience in the litigation of a vast number of IP-related lawsuits, including a number of high-profile cases which have exerted substantial influence on subsequent cases in China.

JT&N IP clients are predominantly companies involved with high technology, extending from new start-ups to large-scale public multi-national corporations in a variety of industrial sectors, including chemical, pharmaceutical, biotechnology, information technology, semiconductors, telecommunications, materials, electronics, software, multimedia, manufacturing and finance. JT&N is particularly experienced at addressing legal issues related to the internet.

JT&N has also formed close partnerships with market-leading trademark and patent agencies, facilitating efficient trademark registration, patent application, the registration of software and domain names, and the application of custom IP protection for our clients.

JT&N's IP-related legal services include advice and assistance with the following:

Act as company IP legal counsel.

Assist with development and implementation of a tailored IP solutions for clients, including: company IP strategy; IP protection plan; IP regulations and systems and IP contract templates, as well as providing advice with respect to providing consultation services for IP acquisition, protection, management, and utilization, and protection of patents, trademarks, and franchising, including retrieval, applications, early warning, defense, protection, and implementation.

Provide representation in connection with IP-related disputes.

Represent parties in complex disputes involving patents, trademarks, copyrights, as well as trade secret and unfair competition, including cases relating to ownership, infringement, licensing agreements and administrative litigation. The JT&N IP Practice handles both conventional IP cases and new IP case types, involving a broad range of topics including the internet, software and hardware, including integrated circuits and semiconductors, biotechnology and genetics, pharmaceuticals and artwork. Among other specific services, we assist with the issuance of indictments, responses to lawsuits, counterclaims, court hearings, lodging appeals negotiation of settlements.

Provide representation in connection with IP-related transactions.

Prepare, review, or revise all kinds of IP contracts, including (but not limited to) development contracts, transfer contracts, licensing contracts, franchising contracts, e-commerce contracts, import and export contracts, consulting service contracts, and confidentiality agreements. We also provide legal solutions for clients regarding disposals during technology introduction, venture capital financing, corporate reform, asset acquisition, and company restructuring.

Assist clients in connection with trademark and patent applications.

Closely cooperate with Chinese trademarks, patent agencies, and other specialized agencies that possess domestic and foreign trademarks and patent attorneys. Our services include corporate name preregistration, trademark inquiry, as well as applications, reviews, objections, and disputes related to Chinese or foreign trademark registration, novelty searches in patent literature, the application of Chinese and foreign patents, invalidation announcements, copyright registration for software, the registration of domain names, and IP customs filing.

Assist clients in connection with investigations of potential IP infringement and applications for injunctive relief.

Conduct investigations and provide comparative analysis and legal opinions with respect to potential infringement. Prepare warning letters and statements, assist clients with pre-litigation mediation, and apply for court injunctions and evidence preservation orders.

Other IP services.

Lodge complaints, assist in investigations, raise pleas during IP administrative proceedings on behalf of the clients, act as the arbitration agent during IP contract disputes, report offenses or file pleadings during IP criminal cases, and provide IP legal advice about legislation, revision, and the enactment of IP laws.

Notable Clients

Examples of our IP Practice clients include: Knowles Electronic, LLC, Tsinghua University, Nuctech Co., Ltd, Nanjing Nan Hua Sky Tech Information and Technology Co., Ltd.; Perfect World (Beijing) Software Co., Ltd.; Sinovel Wind Group Co., Ltd.; the State Development & Investment Corp.; Zhejiang Talent Television & Film Co., Ltd.; Wonderful Media (Beijing) Television & Film Culture Co., Ltd.; Shandong Radio, Television & Network Co., Ltd. (Shandong Cable) and the Chinese Ministry of Culture, JD.com, Inc., Huayi Brothers Media Corp., Orange Sky Golden Harvest Entertainment (Holdings) Ltd, YG Entertainment Inc., Youku Inc., NBA Sports and Culture Development (Beijing) Co., Ltd., NBCUniversal Media LLC, MIGU Co., Ltd, Cirque Du Soleil.

Commendable Cases

  • Pre-litigation action against “The Voice of China,” which successfully prohibited the defendant from using the name of“中国好声音”orThe Voice of Chinaor relevant registered trademarks.

  • A trade secret litigation brought by Nuctech Company Limited (World’s Top security & inspection solution and service supplier) against Power Scan Company Limited (Security solutions provider)

  • A trade secret and software copyright dispute against AMSC (American Superconductor) concerning of wind power industry

  • Directed Shandong Cable TV in the litigation of unfair competition filed against China Unicom(Shandong) and Shandong Cable TV New Media Co., Ltd. This case is a breakthrough because it involves legal identification of unauthorized Internet broadcasting of pay television

  • A trade secret litigation brought by Jiangsu Sinorgchem Technology Co., Ltd. (global leading rubber chemical supplier) against XiangYu-Chem (leading rubber anti-degradant manufacturers)

  • A dispute involving the representation of Nantong Compound Materials Factory in connection with litigation against Chen Jianxin, et al., involving trade secrets

  • A dispute involving the bored piling technique during mud jacking

  • An online copyright infringement dispute involving a Wang Meng and five other authors

  • A trademark infringement case involving crocodiles

  • A patent infringement dispute involving Motorola

  • A dispute involving Transtar machine translation applications

  • A trademark infringement case against Heng Sheng Technology Development Co., Ltd., who was sued by Hundsun Technologies, Inc.

  • A copyright dispute involving a performance by Thousand-Hand Guanyin

  • A copyright dispute involving MP3 searches (Baidu v. 7 international record companies)

  • A software infringement dispute involving Taiwan Excellence Co., Ltd., who was sued by Hanvon Technology Co., Ltd.

  • A copyright dispute against Wan Xun Tong Co., Ltd., who was sued by Newrun Art Co., Ltd.

  • A copyright dispute over If Only Life Waa like First Meet(TV series), a landmark case to distinguish the right of adaptation with the right of production.

  • External PRC counsel to multinational companies with respect to IP matters, including drafting and negotiating licensing agreements of TV format.

Recent Honors

The JT&N IP Practice and its attorneys are frequently recognized by leading international and regional industry ranking authorities. Highlights of recent recognitions include:Chambers and Partners top-ranked practice

  • Highly ranked by Legal 500

  • Highly ranked by Managing Intellectual Property (MIP)

  • Highly ranked by Asian Legal Business (ALB)

  • Finalist, Asia Legal Business (ALB) IP Law Firm of the Year (2017)

  • Recommended by Euromoney’s Asialaw Profiles

  • Asialaw Profiles-2016 Telco &Media: Recommended

  • China Business Law Journal-2016 China Business Law Award Entertainment & Sports

  • Finalist, Euromoney’s Asialaw Asia-Pacific Legal Practice Awards IP Law Firm of the Year (2017)

Client Satisfaction

As recently reported in the Chambers and Partners Asia Pacific Guide , the JT&N IP Practice is well known for being an accomplished practice with particular expertise in complex IP litigation, including in relation to trademarks, copyright and unfair competition, and which is well versed in representing media groups and technology companies.

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