On June 19th, the 2nd session of the patent training series was successfully held in King&Capital Law Firm. The topic of this event was “Intellectual Property Clauses in Contract Review”, which was presented by partner Wang Xiaoshi and discussed by partner Changsha.
Mr. Wang Xiaoshi firstly made a systematic compendium of intellectual property rights in terms of definition, characteristics, classification, relevant legal provisions and management departments. After that, Mr. Wang Xiaoshi explained the scope of intellectual property terms and applicable contracts. When designing and reviewing a contract, the necessity of designing intellectual property clauses in a contract needs to be reviewed according to the type of contract, the purpose of cooperation, the size of the contract amount, the possibility of intellectual property disputes involved and other elements. As for the common intellectual property clauses involved in most contracts, Mr. Wang Xiaoshi, combined with his many years of experience in contract review and litigation, gave a detailed demonstration of sample clauses and case analysis.
Next, Mr. Wang Xiaoshi described and listed several types of issues that should be concerned when reviewing contracts involving intellectual property rights. For the purchase and sale contract, she elaborated on the intellectual property issues that need to be paid attention to when reviewing the contract from two perspectives of the purchaser and the seller; for the marketing and advertisement contract, which has seen frequent occurrence of intellectual property infringement cases in recent years, she talked about the key points that should be paid attention to in terms of fonts, pictures and logos, etc., which are involved in the advertisement design and production; for the ODM and OEM contract, in order to better manage intellectual property rights in the processing and production and avoid disputes later on, it should be based on specific terms and conditions. For ODM and OEM contracts, in order to better manage the intellectual property rights in processing and production and avoid disputes in the future, the attribution of intellectual property rights should be determined in the contract according to the specific nature of cooperation.
Finally, Mr. Wang Xiaoshi analyzed the three types of highly professional contracts, i.e. technology cooperative development contract, intellectual property licensing contract and intellectual property transfer contract, in terms of due diligence investigation, clarification of related enterprises and payment methods, etc. He also analyzed the problems in the dispute cases of patent licensing contract and patent transfer contract, and put forward his own opinions on modification.
As a senior intellectual property attorney, Ms. Chang Sha, the speaker, took the trademark and copyright cases she represented as an example, and talked about her insights on the problems that should be noted in the trademark and copyright contracts. According to Ms. Chang, in addition to the design and review of intellectual property terms, it is also necessary to exercise reasonable care in order to avoid disputes over intellectual property rights to the maximum extent possible.
The guests expressed their opinions and shared their views on the problems and solutions they encountered in practice, and the free discussion session had a warm atmosphere and frequent interactions.
In the era of knowledge economy, intellectual property rights have become a core asset of many enterprises. From the perspective of contract management, explicitly agreeing on intellectual property rights clauses in the contract can largely reduce related disputes or effectively safeguard the interests of the company and minimize the loss when disputes occur.
The patent series training activities were initiated by six lawyers of King&Capital who are also qualified to practice as attorneys and patent attorneys, namely, Mr. Chen Changhui, Mr. Jin Fenghua, Mr. Su Wen, Mr. Zhao Hongying, Mr. Yang Qian, and Mr. Wang Xiaoshi. The King&Capital team of patent attorneys has different scientific and technical professional backgrounds, and can provide all-round patent legal services for clients in different industries and fields.
