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Intellectual Property Right

Doing business in China presents unique challenges and firms which want to leverage their IP assets recognize the value of effective legal counsel in their commercial dealings, especially in today's fast-growing Chinese economy. Our IP Legal Practice advises clients on all aspects of commercial IP, from developing IP portfolio management strategies to conducting IP due diligence activities to the drafting of commercial licensing agreements. By working closely with our Patent, Trademark, copy right lawyer, we can provide our clients with comprehensive legal solutions to meet their IP legal needs in China.

For a diverse group of client industries, our lawyers handle matters which include patents, copyrights, trademarks, servicemarks, trade secrets, privacy, unfair competition, and antitrust elements.
Our practice in this area involves constructing and reviewing contracts including joint ventures and strategic alliances, outsourcing, product development, contract manufacturing, franchising, licensing, and distribution arrangements across a broad spectrum of technologies. Our intellectual property practice includes counseling clients in all aspects of intellectual property acquisition, transfer, protection
Additionally, our lawyers have significant experience counseling clients on transactions and litigation relating to Internet and e-commerce matters

We regularly handles the following areas of patents:
• Advise on strategic patent issues

• Conduct prior art searches and watching services, and advise on clearance study for marketing new products

• Render opinions on the patentability of inventions, validity and possible infringement of patents

• Prepare and prosecute patent applications (Inventions, Utility Models and Designs)

• Prepare and prosecute PCT international applications and entry of national phase

• Represent clients in reexamination and invalidation proceedings

• Negotiate, draft and record patent licenses and assignments, and conduct pledge registrations

• Record patents with China Customs and represent clients in border measures for protection of patents before Customs

• Litigate and defend patent infringement claims in courts and with administrative authorities

• Maintain patents and offer annuity reminding services

• Advise on other patent related legal matters

We work with our clients to evaluate how their patent assets fit into their business strategy so that investments made in patent protection yield the highest possible return. Our strategic counseling services enable clients to steer clear of pitfalls, avoid potential litigation, capture the full value of intangible assets, and maximize the return on investments in patent assets. Based on a thorough understanding of our clients' businesses, our attorneys carefully identify our clients' patent portfolios and devise strategies for selecting, protecting, managing and developing patent assets that align with our clients' business objectives.
We file applications for design patent recordation before the General Customs Administration on behalf of our clients. We work closely with local customs to prevent the infringing product(s) from being exported from and/or imported into China.

Tommy China Business Consulting, through  a licensed Chinese intellectual property agency, has been successfully implementing trademark protection strategies. We assists numerous clients,  providing comprehensive protection based on the budget set by client.  Our attorneys are proactive concerning trademark protection in China, keeping watch for potential infringements and ensuring important challenge or filing dates are not missed.
Our trademark attorneys also assist clients in selection of an appropriate Chinese trademark, registration of the applications in China and abroad, while constantly maintaining and enforcing our clients' trademark portfolios.
Our attorneys handle numerous proceedings before the State Intellectual Property Office (SIPO), The Trademark Review and Adjudication Board (TRAB), The State Administration of Industry and Commerce (SAIC), and other regulatory bodies. They are also involved in all aspects of transactional trademark work, including the negotiation and drafting of licensing, distribution and franchise agreements.
Below are some of the services that we provide to our trademark clientele:
• Advise on strategic trademark issues
• Conduct clearance searches, and watching and investigation services
• Advise on the availability and registrability of a mark, and possible infringement of registered trademark
• File and prosecute applications for trademark registrations
• Represent clients in oppositions and cancellation proceedings, and in proceeding for adjudication of disputes concerning registered trademarks
• Negotiate and draft trademark licenses and assignments, and conduct recordation and pledge registrations
• Maintain and renew trademark registration
• Police and monitor trademark and domain name usage
• Record trademarks with China Customs and represent clients in border measures for protection of trademarks before Customs
• Litigate and defend trademark and trade name infringement claims, domain name disputes, cybersquatting, unfair competition and false advertising cases in courts and administrative authorities
• Negotiate for solutions in trademark-related disputes
• Advice on other trademark-related legal matters

Our attorneys are experienced in negotiating and drafting agreements relating to the creation, exploitation and transfer of works of authorship of all types, including computer-related works, literary, publishing and musical works.
We has extensive experience in preventing illegal copying of goods, through drafting and negotiating joint authorships and works-for-hire agreements (including releases and waivers) in connection with various employment arrangements. Our attorneys have handled infringement litigation (including online infringement), ownership disputes, royalty negotiations, licensing, assignments and copyrights. Our approach is to implement and extend the Copyright Law to the ever-fluid business environment. Providing clients with the most effective and practical solutions has won us the confidence and trust from our clients.
Our services include:
• Advise on copyrightability in all types of subject matter
• Conduct copyright and software registration
• Draft and negotiate agreements governing creation, licensing, purchase or sale of copyright material
• Draft license and other agreements related to copyrights
• Record copyrights with China Customs and represent clients in border measures for protection of copyrights before Customs
• Litigate and defend against copyright infringement claims in courts and with administrative authorities

Advise on other copyright related legal matters

Our professional attorneys are experts in IP fields with rich experience. Some have good technical background. Combination of legal and technical expertise of the attorneys guarantees an excellent representation for our clients.We have experienced professionals who provide you with forward-thinking legal solutions. Our services encompass more than providing legal advice, we are prepared to present strategic analysis and solutions to best protecting your intellectual property assets in China. We listen, we analyze your concerns, and we work with you to achieve your goals.

The team of lawyer and attorney is organized and managed by Tommy China Business Consulting, with offices in Beijing, Shanghai, Shenzhen, GuangZhou, HangZhou, XiaMen,NanJing,NingBo, Xi'an,ChongQing, Wuhan, Changsha and ChengDu.
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