Journal Article

How to protect your IP rights in an investment or joint venture in China

Matthew Murphy

in Journal of Intellectual Property Law & Practice

Volume 4, issue 3, pages 213-219
Published in print March 2009 | ISSN: 1747-1532
Published online January 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn253
How to protect your IP rights in an investment or joint venture in China

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Legal context

This article considers how to protect IP, in particular know-how and technology, when setting up joint ventures and other types of investments in China, against the backdrop of a developing legal system and significant counterfeiting issues.

Key points

This article looks at many of the peculiar issues in China, and most notably the following matters:

the range of corporate structures that investors can choose from when establishing operations in China, together with consequent IP issues depending on which structures are used;

close government supervision of activities in China by foreign and domestic entities, including the collection and remittance of royalties under IP agreements; and

Chinese regulatory issues, mandating the use of certain clauses in certain IP related agreements.

Practical significance

This article provides a practical reference guide for protecting IP in China in relation to corporate structures. Whether reader's clients are simply selling products into China or manufacturing in China, many of the issues discussed in this article will be of importance.

Journal Article.  4737 words. 

Subjects: Arbitration ; Intellectual Property Law

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