Fall 2010 Eye on China Newsletter

With unprecedented growth in and influence over the global market — coupled with an ever-evolving legal landscape — China presents as much complexity as opportunity. With internationally recognized IP capabilities and extensive hands-on experience in the Chinese business market, Foley is well positioned to provide legal insight to U.S., Asian, and European companies preparing to do or currently doing business in China. Moreover, China’s fast-growing industries and businesses are seeking to expand their international reach. With more than 160 years of experience, 18 offices in the United States, and a network of international partners, Foley is equally well positioned to assist Chinese companies as they expand globally.

We are pleased to offer Foley Legal News: China Quarterly Newsletter, Eye on China, designed to offer companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment.

Current Topics

East Meets West — Current Topics in the United States

Bilski Ruling: Patentable Subject Matter Versus Abstract Idea, by Patricia Wu and James F. Ewing, Foley & Lardner LLP
On June 28, 2010, the U.S. Supreme Court issued its much-anticipated opinion in Bilski v. Kappos, 130 S. Ct. 3218 (2010). Although Bilski’s risk-hedging method claims were held unpatentable as attempts to patent abstract ideas, the Court did not close the door on business method patents. View full article:
http://www.foley.com/publications/pub_detail.aspx?pubid=7596.
U.S. Design Patent Considerations for Chinese Companies, by Marshall J. Brown, Foley & Lardner LLP
Although U.S. design patents share many similarities with design patents and industrial designs of other countries, there are several features that are unique to the United States. This article discusses a number of these idiosyncrasies, many of which can provide substantial benefits to savvy design patent owners. View full article:
http://www.foley.com/publications/pub_detail.aspx?pubid=7597.
USPTO’s 2010 – 2015 Strategic Plan, by Alex Nie, Foley & Lardner LLP
On July 9, 2010, the U.S. Patent and Trademark Office (USPTO) released a draft strategic plan for the fiscal years 2010 – 2015 for public review and comments. The strategic plan sets out ambitious goals with respect to patent and trademark prosecution and protection. This article briefly highlights certain sections in the plan and analyzes how they may impact patent prosecution. View full article:
http://www.foley.com/publications/pub_detail.aspx?pubid=7598.

West Meets East — Current Topics in China

Securing Your Patent Rights in China, by Yan Zhao and Max Lin, Foley & Lardner LLP
On August 26, 2010, China’s State Intellectual Property Office (SIPO) issued its new Regulation on Patent Pledge Registration (Regulation), effective October 1, 2010, outlining detailed guidelines for registering patent pledge agreements with SIPO. This article highlights some of those guidelines. View full article:
http://www.foley.com/publications/pub_detail.aspx?pubid=7599.
Technology Transfer Infrastructure, by Danielle T. Brink, Foley & Lardner LLP
The agency system is the key to China effectively enabling technology transfer. Unlike marketing-oriented agencies in the United States, the technology transfer infrastructure in China features a public-institute-oriented agency system, which includes government agencies, academic institutions, R&D centers, university-based research centers, national scientific and industrial parks, and the China Technology Transfer Exchange. View full article:
http://www.foley.com/publications/pub_detail.aspx?pubid=7600.
U.S. – China Trade Deficit — A Balancing Act, by Patricia Wu and James F. Ewing, Foley & Lardner LLP
Despite China’s surplus in total trade with United States, China suffers a large deficit in the services trade sector. During the past several years, China has spent a great deal of funds on foreign intellectual property every year, with royalties and license fees paid to foreign companies ranking as the second-largest cause of the services deficit in 2009. View full article:
http://www.foley.com/publications/pub_detail.aspx?pubid=7601.

Staying Connected

Please Join Us — Future Events
Foley’s Eye on China series programs are designed to offer companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. Upcoming events include:

Eye on China Roundtable Series, IP Enforcement in China 2010: Myth or Reality?
China’s IP landscape has evolved dramatically in the past two years, and it continues to impact a company’s ability to successfully manage its business operations and enforce IP rights in China. Foley’s China Practice attorneys and business executives experienced in China IP enforcement will explore the latest developments in and best practices for IP enforcement in China. This complimentary luncheon program is tailored for corporate counsel and business decision-makers with significant stakes in China.
When: Monday, November 1, 2010; 11:30 a.m. – 2:00 p.m. Pacific
Where: Palo Alto, California
View Event Page and Register Today:
http://www.foley.com/news/event_detail.aspx?eventid=3477

In Case You Missed It — Recent Events and Activities

Eye on China Workshop Series, Staying a Step Ahead: IP Licensing and Litigation in the Global Market
Foley was pound to sponsor Asialaw’s 7^th Annual Asia-Pacific IP Forum 2010 as the exclusive U.S. law firm presenter of the IP Licensing and Litigation Workshop. The workshop, held on September 1, 2010 in Hong Kong, featured an interactive panel discussion of hot topics, including the links between licensing and litigation; dealing with discovery while controlling costs; and tactics for success as a plaintiff or defendant in IP lawsuits. Foley Asia Practice Chair Catherine Sun moderated the discussion. She was joined by Hiro Seki, General Manager, Intellectual Property of Renesas Technology Corporation; William J. Calore, Director of Contracts, Engineering and Technology Unit of RTI International; and John J. Feldhaus, Foley Partner and member of the firm’s IP Litigation Practice as presenters.
View Event Page and Presentation Materials:
http://www.foley.com/news/event_detail.aspx?eventid=3398
Eye on China Web Series, Innovation Management and Technology Transfer in China: The Big Picture and the Little Details
On July 22, 2010, Foley hosted a Web conference on innovation management and technology transfer in China, which explored the hotbeds for innovation in China as well as practical strategies for effectively navigating the complexities of technology export and development. This program was moderated by James F. Ewing, Foley Partner and Vice Chair of the firm’s Chemical, Biotechnology & Pharmaceutical Practice. Panelists included James C. Chapman, Foley Partner and member of the firm’s Private Equity & Venture Capital and Transactional & Securities Practices; Greg B. Scott, founder and President of ChinaBio^® LLC; and Guang Yang, Associate Director, Discovery Technology of GSX RD China.
View Event Page and Presentation Materials:
http://www.foley.com/news/event_detail.aspx?eventid=3357

Legal News: China Quarterly Newsletter, Eye on China is part of our ongoing commitment to providing legal insight to our clients and our colleagues preparing to do or doing business in China. If you have any questions about this publication or would like to discuss the topics presented here, please contact your Foley attorney or the following:

Steven J. Rizzi
Chair, China Practice
New York, New York
212.338.3543
[email protected]

Catherine Sun
Office Managing Partner, Shanghai
Chair, Asia Practice
Shanghai, China
86.21.6100.8900
[email protected]

James F. Ewing
Vice Chair, Chemical, Biotechnology & Pharmaceutical Practice
Boston, Massachusetts
617.342.4088
[email protected]

Yan Zhao
Senior Counsel, IP Department
Shanghai, China
86.21.6100.8900
[email protected]

Foley & Lardner LLP is licensed to operate in China as a foreign law firm. Under Ministry of Justice regulations, foreign law firms in China are permitted to advise clients on certain aspects of international transactions and to provide consultation concerning the impact of the Chinese legal and regulatory environment; foreign law firms in China are not permitted to practice Chinese law. The content of this communication does not constitute an opinion on Chinese law nor does it constitute legal advice, but is based on our research and our experience advising clients on international business transactions in China.