Recently, the results of the National Unified Legal Profession Qualification Examination (hereinafter referred to as the “law examination”) were announced, and Pan Mingdian was the first visually impaired candidate to pass the law examination in Guangzhou. With the dream of being a lawyer, he received countless warm help along the way, and eventually his dream came true.
According to article 2 of the Foreign Investment Law of the People's Republic of China, “A foreign-invested enterprise is an enterprise that is wholly or partly invested by a foreign investor and is established by registration in China in accordance with Chinese law.” As foreign investors are involved, a foreign-invested enterprise, although a Chinese enterprise with independent legal personality established within the territory of China, is inevitably subject to the control and influence of its foreign investors, generally its overseas parent company. How to divide and coordinate the layout and protection of intellectual property rights between domestic and foreign operators is an issue that foreign enterprises need to pay extra attention to. This paper discusses the attribution of intellectual property rights, risk prevention and operational strategies for the protection of intellectual property rights under the dual system.
As China continues to increase the protection of intellectual property rights, a series of laws and judicial interpretations related to intellectual property rights have been amended and introduced, in particular, the introduction of the punitive damages system for intellectual property rights has greatly mobilized the enthusiasm of right holders to defend their rights through litigation means. Among them, the number of patent infringement lawsuits has also increased, and many patent infringement lawsuits are even filed at the time when the company being sued is listed on the Science and Technology Innovation Board (STB), which has a great impact on the enterprises.