Foley's IP attorneys and professionals on both sides of the Pacific possess the practical local experience and the technical background to assist clients as they seek to refine their IP asset development and protection strategies involving China. Additionally, the firm's working relationships with local agents, investigation companies, and law firms with varied expertise allow us to provide clients with high-quality, cost-effective services.

China IP Acquisition and Commercial IP

Patent Procurement
With solid knowledge of the Chinese patent system and familiarity with international practice, Foley is positioned to provide high-quality, comprehensive services that may not be available from a single Chinese practice or other international practices. Many of our professionals are bilingual, which allows us to avoid the poor translation quality that often plagues foreign clients. We have extensive experience in filing and prosecuting patent applications in a broad range of technologies, including electrical engineering, computer science, electro-mechanical engineering, e-business, pharmaceuticals, and biotechnologies.

Trademark, Copyright, and Advertising
Our practice is dedicated to protecting, commercializing, and enforcing the rights and interests of our clients, from the inception of a brand, mark, or copyright and throughout its duration. We advise our clients on when to file trademarks in China, how to select Chinese equivalent marks, which domain names to obtain, and how to ensure trademarks are in compliance with the PRC registration requirements. We also advise clients on invalidating trademarks, organizing actions related to trademark piracy such as raids and civil lawsuits, and conducting trademark audits and due diligence.

China IP Enforcement

Opinions and Infringement Matters
A patent practice in China must approach opinion work differently than it would in the United States. Because damages in China are significantly lower than those in the United States and do not increase substantially with willful infringement, companies do not routinely seek opinions on infringement or validity. Foley attorneys — after strategically considering the impact on our clients' business activities in both China and United States — provide practical counsel to clients regarding opinions and infringement matters in China.

Patent Litigations
With substantial experience in both civil lawsuits and administrative actions, our attorneys routinely:

Trademark, Copyright, Domain Name, and Advertising Asset Enforcement
Our veteran attorneys have deep knowledge of effective survey techniques and an understanding of how courts and administrative authorities evaluate similarity and likelihood of confusion. They also have extensive experience in trademark, copyright, domain name, and trade dress infringement actions as well as actions for unfair competition, counterfeiting, false advertising, rush registration, and dilution. In addition, they are proficient in the management of complex cases before diverse tribunals, including the various levels of Administration for Industry and Commerce (AIC), State Intellectual Property Office of the PRC (SIPO), China Patent Trademark Office, Copyright Bureau, Bureau of Quality and Technical Supervision (TSB), Public Security Bureau (PSB), and the Ministry of Commerce (MOFCOM), and they have experience handling cases in cooperation with different levels of administrative authorities.

Anti-Counterfeiting and Anti-Piracy
Foley attorneys understand that repeated raid actions or cease-and-desist letters are not effective methods for stopping counterfeiting activities. As such, we have developed different strategies to help clients in varied industries protect their IP rights in China and essentially reduce visibility and flow of the counterfeits. Such strategies include leveraging landlord programs for centralized shopping malls, market bans for small-commodities markets, customs protection, training programs for exporting, Internet platforms, and direct-reporting cooperation programs. These approaches can help transform market-management companies, landlords, exporting and importing companies, and business-to-business and business-to-consumer companies from adversaries into anti-counterfeiting partners.

Licensing and Technology Transfer
Our attorneys have extensive experience helping clients identify licensing targets and then negotiate and implement effective licensing programs. We work closely with clients in such transactions as acquisitions, joint ventures, or IP asset transfers. Our team is experienced in structuring deals, negotiating terms, and drafting relevant documentation.

IP Due Diligence
With services covering the complete life cycle of IP, we advise clients in due diligence matters ranging from investment decisions for early-round venture capital financing to multibillion-dollar acquisitions. We forge successful partnerships with our clients by tailoring the due diligence process to fit each client's needs and by appropriately prioritizing the scope of the analysis to fit the budget for the particular deal. By virtue of the bilingual and bicultural backgrounds of our China Practice members in Shanghai, we are poised to conduct sophisticated and efficient IP due diligence relating to acquisitions of Chinese businesses and joint development programs with Chinese partners.

Nondisclosure, Confidentiality, and Noncompete Agreements
In connection with the enactment of China's new Labor Contract Law and its implementing regulations, Foley attorneys have provided counsel regarding existing nondisclosure, confidentiality, and noncompete/nonsolicitation agreements, and have drafted new labor contracts and related agreements to satisfy local compliance requirements. In addition, they have experience counseling clients regarding Chinese labor law compliance concerning layoffs, labor disputes (arbitration, mediation, and litigation), and unionization.

Corporate Transactions
Foley attorneys have provided comprehensive legal advice and business counseling regarding the intricate cross-border, multi-jurisdictional aspects that arise during international corporate transactions in China. Our attorneys have worked with global clients in drafting and negotiating commercial contracts, establishing foreign direct investments and company structures, and addressing a variety of international tax issues in a large number of foreign jurisdictions, particularly in China.

Commercial Contracts
Our attorneys are experienced in the bilingual drafting and negotiating of commercial transactions, M&A, joint venture agreements, and other foreign direct investment structures, lease agreements, distributorship agreements, supply agreements, and general terms and condition contracts. We have counseled manufacturers, suppliers, and other companies in the S&P 600 and the Financial Times Global 500, along with many other companies based in the United States, Europe, Japan, and China.

Transactional — M&A and Joint Ventures
Attorneys in Foley's China Practice have a long history of representing clients in complex cross-border and international transactions into and from China. Our attorneys take the lead role in conducting due diligence and planning and executing negotiated M&A, structuring joint ventures and other China investment strategies, and offering innovative solutions to further our clients' strategic objectives related to the fast-growing Asia Pacific region.

Foley attorneys offer clients industry-focused and China-specific experience to efficiently structure and negotiate all types of sophisticated strategic alliances, including partnership agreements, licensing agreements, manufacturing and distribution arrangements, and technology-sharing agreements.

Private Equity and Venture Capital
We understand the unique needs and objectives of private equity and venture capital funds. We have represented venture investors and buyout groups for nearly half a century, with an ever-increasing focus on high-growth markets such as China. With a team of more than 200 attorneys focusing on the full range of public and private debt and equity vehicles and their investment activities, we bring a sophisticated and efficient approach to structuring funds and their investments, whether in the United States or for China-focused funds. Our comprehensive understanding of the world's growth markets, trends, and issues positions us as integral members of our clients' teams, working collaboratively to achieve their strategic objectives in Asia.

Tax
Members of Foley's China Practice draw upon the experience of the firm's Tax attorneys, who have a history of helping our clients succeed and prosper through knowledgeable and tax-advantageous counseling, transactions, and planning. Our attorneys and staff are skilled in tax law, executive and corporate compensation, benefits planning, and disputes with state and federal tax authorities. Foley's international tax capabilities add to our deep legal resources in China. Our attorneys have implemented tax planning for Chinese subsidiaries, joint ventures, controlled foreign corporations, U.S. personnel in China, repatriation of funds, transfer pricing and choice of entity issues, import/export transactions, and license and technology transfers.

Regulatory and Government Affairs
Stemming from years of collaboration with counsel in key Chinese regions, Foley attorneys have developed deep-rooted contacts in local and central government offices; these contacts have helped clients successfully navigate China's often-ambiguous regulatory and governmental systems. Our attorneys have assisted our clients with international trade and customs issues, Chinese regulatory and investment policies (including tax incentives and environmental compliance), and issues arising from China's anti-bribery laws and the U.S. Foreign Corrupt Practices Act (FCPA).

The FCPA has a particular application to China business operations. The failure of many U.S. companies to understand business and related cultural practices in China has produced some of the highest-profile FCPA prosecutions recently brought by the U.S. government against U.S. companies and persons based on the actions of their China subsidiaries, partners, and agents. Prosecutions by the U.S. government raise additional concerns for the employees of Chinese affiliates of U.S. companies, where bribery investigations by the U.S. government have resulted in parallel investigations by the Chinese government of the involved Chinese citizens.

Foley attorneys, some of whom are former U.S. government prosecutors and enforcement officials, have been at the forefront of counseling companies and persons involved in China-related commerce on FCPA compliance — or, when companies fail to comply, on effective defenses against an enforcement action by the U.S. government.

U.S. Export Controls
Foley's China Practice leverages the extensive experience of the firm's Government Enforcement, Compliance & White Collar Defense attorneys, who regularly address export compliance, auditing, and other international trade legal issues. Many of the Government Enforcement, Compliance & White Collar Defense partners previously served in the government agencies that enforce the laws and regulations that govern domestic and international business practices today.

Our attorneys skillfully counsel and aggressively represent each client. We have designed and successfully implemented export controls programs and anti-boycott compliance programs for several publicly listed companies. We also have designed and implemented corporate compliance programs, including U.S. export control compliance, for organizations in such diverse fields as health care, biotechnology, securities, telecommunications, energy, entertainment, oil services, pharmaceuticals, medical equipment, and manufacturing, among others. Additionally, we have conducted export control and compliance needs assessment, risk assessments, and program auditing.

Dispute Resolution
In addition to helping clients resolve disputes on IP matters, Foley attorneys in China have extensive experience providing effective and cost-efficient dispute resolution counsel and management strategies for local and international non-IP disputes. We understand that litigation is not the only means of resolving labor and employment, commercial, or offshore disputes, and so advise clients on a full range of effective alternative dispute resolution proceedings.