Global strategies for Chinese companies

01 July 2010

The ITC, litigation strategies, trade mark protection and of course the Bilski decision were the hot topics at last month’s first China-International IP Forum. Peter Ollier reports from Beijing

Chinese companies should defend themselves in ITC Section 337 actions and US patent litigation rather than give up their market share, according to lawyers who spoke at last month's China-International Forum in Beijing. "Chinese companies, if they have a long-term policy of doing business in the US, need to deal with the situation, not just escape," said Guo Shizhan, former general counsel of Chinese telecoms company Huawei Technologies and now a partner of Han Kun Law Offices.

Section 337 actions are brought before the International Trade Commission (ITC) and are used to try to exclude patent infringing products from the US market. They are usually quicker and can often be more effective than patent litigation. The ITC session at the forum was moderated by Wang Xiang, a partner of Orrick in Beijing. Orrick advised US technology company Cisco when it sued Huawei in 2003 for patent infringement as it tried...

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