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Commentary

Under the Evolving Intellectual Property Landscape in the U.S. and China, How Chinese Tech Companies Address Overseas Challenges

April 11, 2024

China Science and Technology News Network

With the increasing strength of China's science and technology industries and the growth of global trade, it has become an inevitable trend for Chinese technology companies to go overseas. Erika Arner, managing partner of Finnegan, and Ningling Wang, managing partner of Finnegan's Shanghai office,  provided  Science and Technology Daily an in-depth analysis of the challenges facing Chinese technology companies going overseas and the current significant changes in intellectual property rights.

Erika said that technology is a common language that spans cultures and countries. Chinese and American companies have common interests in innovation and new technologies, which provides a common basis for cooperation between the two countries in the field of intellectual property.

She also noted that the role of the Patent Trial and Appeal Board (PTAB) under the United States Patent and Trademark Office (USPTO) is increasingly important. In the past decade, as the PTAB has grown, there have been more and more challenges to the validity of U.S. patents. This change emphasizes the importance of filing and maintaining strong patents that can withstand challenges from the PTAB.

Erika has noticed that Chinese technology companies are realizing the importance of intellectual property protection in the global market, and taking into consideration multiple aspects of intellectual property protection, including trademarks, trade secrets, and data privacy.

Ningling added that Chinese companies are paying more and more attention to respecting the intellectual property rights of others when going overseas.

When asked how Chinese companies should address the evolving intellectual property environment, both Ningling and Erika proposed that companies should strengthen their awareness of intellectual property rights and consider the issue of intellectual property protection from the beginning of product development.

Read “Under the Evolving Intellectual Property Landscape in the U.S. and China, How Chinese Tech Companies Address Overseas Challenges” (in Chinese only)

Read “Under the Evolving Intellectual Property Landscape in the U.S. and China, How Chinese Tech Companies Address Overseas Challenges” (in English only)

 

Related Practices

Diligence, Licensing, and Opinions

Licensing, Pooling, and Other Transactions

Export Control

Due Diligence

Related Offices

Reston, VA

Shanghai

Related Professionals

Erika Harmon Arner
Partner
Washington, DC
+1 571 203 2754
Email
Ningling Wang
Partner
Shanghai
+86 21 6194 2005
Email

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