June 14, 2024
Chinese companies with significant intellectual property (“IP”) assets continue to see their bottom lines threatened amid increased competition with the U.S. and other Western companies. This often leads to high-stakes, enterprise-threatening IP disputes spanning multiple jurisdictions worldwide.
Kobre & Kim's ongoing commitment to its mainland China presence (recently featured in Law360) is critical to its ability to effectively manage cross-border IP disputes initiated outside China by Chinese companies in industries such as biotechnology, artificial intelligence, and consumer goods.
An integrated team that includes local, Chinese-speaking lawyers with U.S. IP specialists offers Chinese plaintiffs and defendants embroiled in complex IP disputes outside of China several advantages:
Global companies will likely be involved in IP disputes that touch multiple jurisdictions and will, therefore, need to coordinate simultaneous proceedings in key jurisdictions. Having a local team with language capabilities to oversee the strategy of a complex multi-jurisdictional campaign both facilitates communications and allows for a deeper and more nuanced understanding of the client and the core problem.
Chinese claimants involved in both patent enforcement or trade secret theft disputes are increasingly choosing to bring their disputes in U.S. forums, taking advantage of broader discovery, powerful remedies and public proceedings. Having a team with plaintiff-side experience in the U.S. International Trade Commission (ITC), U.S. courts, and arbitral forums around the world is essential ingredient to success.
Aggressive competitor disputes in the U.S. often call for atypical, unanticipated strategies both IP and non-IP (as well as inside and outside the courtroom). From attracting media coverage as part of a pressure campaign to employing strategies normally used in traditional creditor-debtor disputes, thinking outside the box with flexible fee options can bring claimants and defendants one step closer to a favorable outcome.
Integrating local Mandarin-speaking experts with their global team allows Chinese claimants and defendants to navigate IP disputes outside of China—from patent enforcement to trade secret theft—with more effective oversight and coordination of their cross-border activities.
Kobre & Kim is a conflict-free global law firm focused on disputes and investigations, often involving fraud and misconduct.
Our team: