International Law,
Intellectual Property
Nov. 29, 2018
Enforcing intellectual property rights in China: challenges and surprises
In recent years, the number of foreign companies litigating in China has surged with progressively more positive outcomes. The difference between success and failure often lies in being prepared for some common yet surprising aspects of the Chinese legal system.
Kory Christensen
Shareholder
Polsinelli LLP
Kory advises clients ranging from startups to multinational corporations in the U.S, Asia, and Europe on intellectual property matters.
An increasingly common scenario involves a U.S. company discovering that a Chinese manufacturing partner is infringing its intellectual property rights. When deciding whether to litigate, three common assumptions about Chinese courts include (1) a local bias favoring Chinese companies, (2) relatively low damage awards, and (3) difficulties in executing judgments. All of these assumptions have some validity. However, in recent years, the number of foreign companies lit...
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