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Info needed: IP in China

Info needed: IP in China# Law - 律师事务所

w*e2006-10-07 07:10

1 楼

Hi,
I am so glad to see several recent posts about IP career. After struggling
for two LSAT exams, I am still not convinced whether to pursue a legal
career or not.
Can anybody provide information on the IP market in China, especially in the
big cities like shanghai and hongkong?
Many Thanks,

h*s2006-10-07 07:10

2 楼

There are some forums about IP in China, just search for it. There is also
an exam for the license of patent agent (probably in Oct) every year. It's
still a quite new area that no many people are pursuing in China. I also
heard that lots of translation work is involved.

w*e2006-10-07 07:10

3 楼

Kouzhong,
tell us more, plz

w*e2006-10-07 07:10

4 楼

w*e2006-10-07 07:10

5 楼

o*e2006-10-07 07:10

6 楼

At present, the "IP market" in China is almost non-existent. The reason is
that Chinese IP law does not reward huge damages. As a result, Chinese
companies see no need to spend money on IP protection.
Chinese companies may be forced to cough up some $$ to defend overseas
litigation, but until a major player such as Huawei or Lenovo receives a
judgment on the order of 100m, nobody will pay attention.
The reason why IP became so hot in the US is because of the US patent law,
which can reward bi

【在 w***e 的大作中提到】

k*g2006-10-07 07:10

7 楼

heh, that's not true right now.

w*e2006-10-07 07:10

8 楼

Thx. I haven't find anything really interesting, -_-b....., any
recommendation?

【在 h***s 的大作中提到】

: There are some forums about IP in China, just search for it. There is also
: an exam for the license of patent agent (probably in Oct) every year. It's
: still a quite new area that no many people are pursuing in China. I also
: heard that lots of translation work is involved.

n*e2006-10-07 07:10

9 楼

well... that's exactly what a partner said to me in one of my callbacks, the
woman is a boraderline white supremacist and I ended up saying to myself "I
'm not taking any more of this shit" and walking out of that interview
before it's over.
I'm not a zealous patriot, but the point is it's unfair to dismiss IP
protection in China with a casual comment like that. I summered in a
domestic firm in Beijing and was involved in two very high profile IP
infringement cases during my short stay there. On

【在 o****e 的大作中提到】

: At present, the "IP market" in China is almost non-existent. The reason is
: that Chinese IP law does not reward huge damages. As a result, Chinese
: companies see no need to spend money on IP protection.
: Chinese companies may be forced to cough up some $$ to defend overseas
: litigation, but until a major player such as Huawei or Lenovo receives a
: judgment on the order of 100m, nobody will pay attention.
: The reason why IP became so hot in the US is because of the US patent law,
: which can reward bi

n*e2006-10-07 07:10

10 楼

IP by their nature are monoply powers, so for a developing country like
China, international treaty on IP protection (GAAP and WTO) will almost
always be detrimental. When China joined WTO, it made significant concession
in IP protection, basically accepted a tougher standard compared with the
rest of the members, not to mention not getting the benefit usually granted
to developing countries. And all WTO agreements are permanent and very hard
to ammend. So if u wanna do IP and work in China, at

【在 w***e 的大作中提到】

: Hi,
: I am so glad to see several recent posts about IP career. After struggling
: for two LSAT exams, I am still not convinced whether to pursue a legal
: career or not.
: Can anybody provide information on the IP market in China, especially in the
: big cities like shanghai and hongkong?
: Many Thanks,

O*g2006-10-07 07:10

11 楼

I came across an interesting article on China Law Blog
http://www.chinalawblog.com/chinalawblog/2006/10/china_ip_protec.html
A similar case in China was mentioned in Wednesday's WSJ. I don't have the
link though.

the
"I

【在 n******e 的大作中提到】

: well... that's exactly what a partner said to me in one of my callbacks, the
: woman is a boraderline white supremacist and I ended up saying to myself "I
: 'm not taking any more of this shit" and walking out of that interview
: before it's over.
: I'm not a zealous patriot, but the point is it's unfair to dismiss IP
: protection in China with a casual comment like that. I summered in a
: domestic firm in Beijing and was involved in two very high profile IP
: infringement cases during my short stay there. On

w*e2006-10-07 07:10

12 楼

Nootide,
I am glad that I check this thread frequently enough to see your posts. If
you are L3/JD and English is not your native language, then I think your
command of the language is admirable. Thanks for your input.
I have heard of opinions about China’s painstaking effort to enforce IP in
the context of WTO and its positive contribution to the Chinese and world
economy. But, looking at it as a career opportunity, I hope to get more
basic info on how individual IP firm and attorney survive und

o*e2006-10-07 07:10

13 楼

Noontide, I appreciate your insights and viewpoint. However, I think we are
talking about two different things here. I am not arguing for or against
the Chinese IP legal system -- it is what it is, and personally I think the
Chinese government is 120% justified to adopt a legal system that best
benefits its domestic economy. I am simply trying to provide one view of
the IP market there, that is, how much money there is to be made in the IP-
legal service sector in China.
And my conclusion is

【在 n******e 的大作中提到】

C*e2006-10-07 07:10

14 楼

the
"I
Which firm are you talking about? I had similar experience with a white
female partner at an IP boutique in Chicago. I tried very hard to control
myself not to walk out of her office before the interview was over.

【在 n******e 的大作中提到】

w*e2006-10-07 07:10

15 楼

This is something I specifically asked for your views. Thanks for sharing.
Does anybody know someone who have any on-site experince?

I am simply trying to provide one view of
=================================
=========================================================
=======================================
determines
=============================
a

【在 o****e 的大作中提到】

: Noontide, I appreciate your insights and viewpoint. However, I think we are
: talking about two different things here. I am not arguing for or against
: the Chinese IP legal system -- it is what it is, and personally I think the
: Chinese government is 120% justified to adopt a legal system that best
: benefits its domestic economy. I am simply trying to provide one view of
: the IP market there, that is, how much money there is to be made in the IP-
: legal service sector in China.
: And my conclusion is

w*e2006-10-07 07:10

16 楼

I am posting some articles from "IP law and business". It is free with on-
line registration. Just for your reading and exchange of opinions, hope this
is not a priacy.
If you think it is a violation of intellectual property that is the very
core of what we are discussing, please do let me know.
Anyway, here it goes...
Part (I)
Gathering Storm
Chinese tech companies are growing patent savvy, and Shenzhen衎ased Netac
leads the charge. This year the company sued Sony--the first foreign
corporation

w*e2006-10-07 07:10

17 楼

Part (II)
Netac's aggressive patent use--and its win against Huaqi--has made it into a
top brand, and has turned the 37-year-old Deng into another millionaire
member of China's new tech elite. Deng has become a technology-savvy general
, overpowering his competitors with an army of lawyers and an arsenal of
patents. Most Chinese companies focus on manufacturing, offering cheap
outsourced labor to larger multinationals. "We don't think that's the right
way," says Deng. Rather than simply offering

w*e2006-10-07 07:10

18 楼

Part (III)
Sony tried to argue last October that the case should be moved to Wuxi, a
city in the northwestern Jiangsu Province, where its manufacturer is located
. The Shenzhen Intermediate court and the higher Guangdong provincial court
both rejected the plea. According to Chinese law, litigation can take place
anywhere the infringed products are sold. Although Sony sells products all
over the country, its sales group is based in Shenzen, so the court decided
to keep the case local.
Sony's juri

w*e2006-10-07 07:10

19 楼

There is another one about chinese court and how it handles IP.
Again, this is what american see in china. Your disscussion is much more
important for everyone here.
The Chinese Courts
Part 1: Defining and refining intellectual property law
In a country where tangible property is still a new notion, it's no surprise
that intellectual property law--implemented in China just 25 years ago--is
still finding its way. During the cultural revolution of the 1970's, the
Chinese legal system was fairly in

w*e2006-10-07 07:10

20 楼

Part 2: The home court advantage in China can be hard to overcome.
China may be a Communist country obsessed with bureaucracy, but its court
system moves quickly--for foreign defendants it moves into hyperdrive. The
government doesn't "want everyone going willy-nilly with lawsuits,"
speculates Jones Day lawyer Benjamin Bai, so "they don't make it easy for
foreign companies to litigate in Chinese courts." Defendants in civil IP
infringement suits have just 30 days to appoint attorneys, find Chine

w*e2006-10-07 07:10

21 楼

Enjoy your reading assignments...

o*e2006-10-07 07:10

22 楼

waine, thanks for posting this article. This is a great example of how the
economics for IP cases are in China. This is supposed to be a
representative, pushing-the-envolope kind of case. However, the largest
amount of damages ever claimed by the patent holder was a mere $1.3m.
Suppose that 10% of the damages goes into attorney fees -- that would be $
130k, which can't even cover a first-year associate's base salary in the U.S
. (Note that in China the damages can only be based on at most t

w*e2006-10-07 07:10

23 楼

Otheme,
I can believe your calculation in this single case. But don't you agree that
more firms, including the ones from oversea, are practicing in China in the
last couple of years than before?
Back to my old question, how are these firms going to survive? Not to
mention people with US JD are hired.
As you may also be aware of, some US patent drafting work are outsourced to
India, but I don't think that's the future for China.

o*e2006-10-07 07:10

24 楼

the truth is, among all those U.S. firms that have opened offices in China,
only about two (last time I heard, I won't name names) are profitable -- all
the rest are losing money.
for those two, they are profitable because they use a lot of Chinese lawyers
who are paid the typical sweat-shop Chinese salaries while charging the
clients at US billing rates.
as to US patent drafting work outsourced to India, most US companies that
take their patent portfolio seriously will not outsource the work.

w*e2006-10-07 07:10

25 楼

Otheme,
Now we are touching the "dry stuff". For the legal work related in any way
to IP in china, what will be the most profittale area(s)? Who is protecting
who? Do you see any possibility of increasing development for this "Chinese
characteristic" market?
You write fast and fluently, //admire..

u*i2006-10-07 07:10

26 楼

这么有意义的帖子难道斑竹都不mark吗

g*i2006-10-07 07:10

27 楼

I am confused...
基本上这个题目下的绝大多数帖子都是m过的

【在 u***i 的大作中提到】

: 这么有意义的帖子难道斑竹都不mark吗

L*d2006-10-07 07:10

28 楼

When you select 主题模式，it appears as unmarked.
That's why.

【在 g*********i 的大作中提到】

: I am confused...
: 基本上这个题目下的绝大多数帖子都是m过的

g*i2006-10-07 07:10

29 楼

i see

【在 L***d 的大作中提到】

: When you select 主题模式，it appears as unmarked.
: That's why.

o*o2006-10-07 07:10

30 楼

hi, I worked for King & Wood （金杜）in Shanghai for 2 years as a patent age
nt. Before that I got a master degree in Biology.
The reason why I chose to switch to IP is of course the payment. But I soon
find out an IP agent is also very boring although the pay is good compared t
o my biology peels in China.
The patent market in China is rocketing. It is really a good career. But for
me, it is too boring. So I left shanghai and came to US.

the

【在 w***e 的大作中提到】

w*e2006-10-07 07:10

31 楼

Thanks, Omymo
I believe you're contributing to everyone's view here.Welcome on board.
Just out of curiosity, are u in a JD program or are u practicing in the US
now?
I certainly like to hear more from you !