[WEBINAR] Intellectual Property Working Group

Language: English

Price:
Fees: Free for CCI FRANCE CHINE members | RMB 100 for non Members

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Dispute Settlement in China-related Intellectual Property & Technology Transfer Contracts: Arbitration, Mediation and Litigation

 

Intellectual property (IP) related contracts, such as those being listed here below, are omnipresent in international business.

- trademark related contracts for transnational distribution of goods or franchises;

- copyright related contracts for transnational display or performance of music, films, games, novels, or software;

- patent or know-how related contracts for transnational manufacturing of products;

- multiple IPs related contracts for joint-venture or R & D collaboration, etc.

Unfortunately, disputes arise from time to time due to a variety of reasons. Difficulties generated by Covid-19 for contract performance may be one of them.

Due to difference of law and culture among countries, international dispute settlement is complicated:

- How to choose between lawsuit, arbitration or mediation?

- How to choose the country of lawsuit or arbitration?

- Which law to choose in the contract? 

- How will the judgement or arbitration or mediation decision be executed?

Due to special nature of IP as compared to other laws, special strategies and rules need be applied:

- Can a Chinese trademark or patent be protected before French courts or vice versa?

- Will courts be competent for IP infringement if the contract has chosen arbitration for dispute settlement? Etc.

Our speakers will explain why and how to manage dispute settlements between Chinese companies and foreign companies in IP related arbitration, litigation and mediation procedures.

 

SPEAKERS

Topic 1: IP related Arbitration before China International Economic and Trade Arbitration Commission (CIETAC) in Chinese mainland

Mr. Shen JIA 

Arbitrator, Deputy Director for Business Development of CIETAC

As Deputy Director of Business Development Division of CIETAC, Shen is also Secretary-General of the Permanent Forum of China Construction Law (PFCCL), Council Member of China Wool Textile Association (CWTA). Shen has been practicing arbitration for more than 10 years and has dealt with about 400 international or domestic arbitration cases, either as an arbitrator or as a case manager. He has cooperated with many arbitrators from different jurisdictions and participated in the cases that applied the UNCITRAL or ICC rules. His major practicing areas are related to international trade, construction engineering, equity transfer, etc.

Topic 2: IP Dispute Resolution in Hong Kong at HKIAC: One Stop Shop

Dr Ling YANG 

Deputy Secretary-General of HKIAC and Chief Representative of the Shanghai Office

Prior to joining HKIAC in Januray 2018, Ling was Associate Professor at East China University of Political Science and Law where she taught international arbitration for more than eight years. Ling has published widely on issues of international dispute resolution and arbitration in China, and currently serves as Executive Editor-in-Chief for the Shanghai International Arbitration Review. Ling has also been appointed as arbitrator. She obtained a PhD in 2009 and an LLM in International Law in 2006 from Wuhan University.  She was visiting scholar at the University of Aix-en-Provence Marseille III in 2008 and at Boston University School of Law in 2017.

Topic 3: Mediation as method for dispute settlement in intellectual property related cases: French experience.

Mr. Guillaume de LA BIGNE 

Patent attorney of LLR Intellectual Property Firm (Paris)

Guillaume has been a European and French Patent and Trademark Attorney for 30 years. He has been the leading expert of LLR’s dispute settlement team. Guillaume is a mediator specialized in industrial property, registered on the mediators list of the Association des Conseils en Propriété Industrielle (French branch of FICPI) held by the Chambre Arbitrale Internationale de Paris. The Judges of High Court of Paris, use this mediators list for their dispute resolutions.) Since 2019, he organizes with Ifomène (Institute of Training in Mediation and Negociation belonging to Catholic University of Paris group) a partnership with ACPI to train French Patent and Trademark Attorneys for the University Degree of Mediator. Born in Spain, he can follow procedures, discussions and disputes in Spanish, as easily as in French or English.

Topic 4: Experience Sharing in IP related Dispute Settlement: Arbitration and Litigation

Mr. Daochen LIU 

Attorney at law, senior partner of Beijing Handing United Law Firm

Daochen is senior partner of Beijing Handing United Law Firm. He has more than 20 years' experience in IP related litigation and arbitration. Famous for his competence in this field, he is a distinguished lawyer in strategy on IP dispute settlement. He has successfully defended his clients in several ICC arbitration procedures in recent years. Daochen has got an LLM from Renmin Univeristy of China and a LLM in University of Hong Kong.

 

COORDINATORS

Mr. Shujie FENG 

Law Professor, Senior IP counsellor of LLR China

With a PhD of University Pantheon Sorbonne, Shujie is also Vice President of the Beijing Intellectual Property Judicial Protection Association and Expert Council member of China Trademark Association.

Mrs. Ning GUAN  

Legal director of Safran China

Ning has rich experience in the field of Chinese corporate and business law. Before being nominated as legal director of Safran Group in China, she was legal director of Carrefour China and once worked for the Chinese office of a French law firm. She has got her LLB and LLM in Remin University of China and Master’ degree in University Paris I- Panthéon Sorbonne. 

 

Agenda

Date: June 10th 2020
Time: 4:00 pm -6:00 pm (Beijing time GMT+8)

Language: English
Fees: Free for CCI FRANCE CHINE members | RMB 100 for non Members

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