In the second of a series of podcasts recorded before a live audience in China, John is joined by three in-house lawyers from major Chinese and multinational corporations: Victor Shen, Chief Legal Officer of Henkel China; Liu Zhen, Vice President Legal Department of Xiaomi; and Li Hua, senior legal counsel of a Fortune 500 energy company. They discuss intellectual property, regulatory and compliance issues in China as well as the evolving legal market. Non-practicing entities (NPEs) or “patent trolls”, which do not share the interests that patent owners and implementors have in maintaining a sustainable IP ecosystem, are a problem in China just as they are in the West. Building a strong legal strategy for IP involves maintaining inter-disciplinary teams that combine legal talent with key scientists within the company. IP disputes increasingly involve proceedings in both the U.S. and Europe. Antitrust issues do not arise in IP cases nearly as much in China as they do in the U.S. Regulatory compliance issues, especially regarding U.S. export controls, sanctions, and data security laws, are very hot topics in China. Foreign investment restrictions and lengthy review processes in multiple jurisdictions have forced companies to abandon deals. In-house lawyers need to be mentally agile and proactive. Effective legal teams must also develop strong internal compliance frameworks and maintain close relationships with regulators. Western law firms have withdrawn from China because of reduced foreign investment, the increasing capabilities of Chinese firms, and the need to retain local Chinese lawyers to represent clients in court or before regulatory agencies.
Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi
