Technology is leading the economic boom in China. Foreign companies and Chinese companies alike require professional legal advice for patent issues arising out of their research, innovation and worldwide commercialization efforts.

Lehman, Lee & Xu counsels its clients on every aspect of international and domestic patent matters. We specialize in shepherding technical concepts through the legal maze into valuable and enforceable patent rights. We have successfully assisted a broad range of clients on the following matters:

Invention, utility model and industrial design patent applications;
Reexaminations, invalidations and revocations, including judicial appeals;
Patent searches;
Translation of technical and legal documents;
Registration of patent rights with Chinese Customs;
Licensing and valuation;
Technology transfers and assignments of application rights;
Patent infringement issues, including counterfeiting problems, investigations, administrative actions, litigation, collection of judgments and other enforcement actions.

Trademarks

Trademarks are valuable. Protecting them is an essential part of any company’s strategic plan to develop and build its reputation. Neglecting to protect them can be disastrous. Lehman, Lee & Xu understands the importance of protecting our clients’ brands. Our firm is an official trademark agency authorized to prosecute trademark applications. We vigorously pursue infringers of our clients’ trademarks. From start to finish, we provide comprehensive protection.

Because many foreign companies are not aware of the "first-to-file" system in China, some of our new clients discover that one or more of their trademarks have been registered by their distributors or competitors. We have successfully assisted such clients in having their trademarks transferred back to them through negotiation or administrative action or litigation where necessary. We always prefer, however, to forestall such problems by registering all trademarks before the company enters the market. Our services include:

· China and international registrations;

· Oppositions, non-use cancellations, and renewals;

· Revocations and re-examinations;

· Assignments, licensing, and valuation;

· Trademark pledges;

· English and Chinese trademark design;

· Searches and monitoring;

· Replacement certificates and proof of registration status;

· Registrant name and address changes;

· Well-known trademark petitions;

· Registration of trademark rights with Chinese Customs;

· Anti-counterfeiting, including investigations, administrative actions and litigation

Copyright & Computer Software

Lehman, Lee & Xu counsels on every aspect of matters involving original creations, which are protected by the China Copyright Law and international treaties. Our extensive experience and activities in this area include works of literature, art, natural science, social science, engineering and technology, whether in written, oral, musical, photographic or videographic form, as well as computer software and works on the Internet.

In addition, our attorneys work with international and domestic companies and individuals, such as writers, artists, and publishers, to assist with clearance opinions and due diligence investigations on copyright matters within China and abroad.

In China, copyrights are protected by law automatically when a work is created. Although the copyright owner is not required by law to register the copyright , he can use a "copyright voluntary recordal" to have his ownership recognized by the copyright administration in China and provide evidence of ownership when conflicts arise.

We have advised clients with the following matters:

1. Copyright registrations;

2. Due diligence investigations and valuations;

3. Computer software registration;

4. Licensing and assignments;

5. Registration with Chinese Customs;

6. Copyright infringement, including anti-counterfeiting, investigations, administrative actions, and litigation.

Internet

A domain name is part of the address used by computers and computer users when exchanging information on the Internet. Many companies wish to use their company name or trademark as their domain name. With the quick development of the Internet in China, more and more domain name conflicts have arisen. Lehman, Lee & Xu has been extremely active in the area of domain name and copyright infringement and has participated in several legislative initiatives to amend China’s Internet regulatory framework.

Our services include:

1. English and Chinese domain name searches and registrations;

2. Renewal, maintenance and assignments of domain names;

3. Domain name disputes;

4. Internet copyright infringement;

5. Framing and deep linking infringements;

6. Internet business process patents.

Lehman Lee & Xu provides a full range of intellectual property services to its clients. We frequently handle the following types of matters:

· Unfair Competition and Trade Secrets

Setting up effective trade secret protection strategies, including employment contracts, confidentiality agreements, and other internal processes;

Litigation against infringement of trade secrets.

· Trade Names

Trade name searches and registrations;

Chinese trade names;

Trade name infringement litigation;

Other related counseling services.

· Plant Varieties

Plant varieties registration;

Advice on transfers, renewals, licensing;

Litigation regarding plant varieties and other legal affairs;

Translation of documents;

Other related services.

· Franchising and Licensing

Initial strategic planning for franchisers;

Negotiation and discussion with prospective Chinese partners;

Drafting and translation of technical and legal documents;

Working as legal counsel to the China International Franchise Association.

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