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China Practice |
Overview
Doing business in China requires an understanding of that country's complex, ever-changing business environment and knowledge of the culture that drives it. Perkins Coie is a pioneer in developing relationships with China. Our experience goes back more than three decades to 1971, when we participated in one of the earliest commercial transactions between the United States and the People’s Republic of China (PRC)—the sale of 10 Boeing commercial aircrafts. Since then, we have helped numerous international clients with their business activities in China, as well as Chinese companies with their transactions in the United States.
The firm’s mature team of bicultural specialists has advised clients on hundreds of transactions and administrative proceedings as well as U.S. litigation involving a wide variety of PRC industry sectors. Our firm's expertise in China is particularly strong in intellectual property, international trade and corporate/transactional business matters.
In the field of intellectual property, for example, the firm has promoted intellectual property protection awareness and education during the past few years by working with the central government and local governments (e.g., the State Intellectual Property Office, provincial and municipal intellectual property offices, the State Food and Drug Administration, the China National Center for Biotechnology Development, the Shanghai Pudong municipal government, the Dalian municipal government, and the Shenzhen municipal government). As a result of these efforts, the firm opened its Shanghai Office in 2006 in Shanghai Zhangjiang High-Tech Park—the hub for research and innovation in Shanghai. And the firm relocated the Beijing Office in 2008 to Beijing's Zhongguangchun High-Tech Area, where a cluster of innovative technology companies are located. Our offices in China are staffed with China-born, U.S.-trained returnees and fully backed by IP attorneys from Perkins’ U.S. offices.
Perkins Coie international trade attorneys have more than 20 years of experience in representing producers, exporters and importers across a wide variety of industry sectors in major U.S.-China trade disputes and investigations. Our firm's team of experienced attorneys and trade professionals in Washington, D.C., and Beijing have a deep understanding of the complex laws and regulations that apply in U.S. antidumping, countervailing duty (CVD), Section 201 global safeguard and Section 421 special China safeguard investigations, and we have special expertise in the unique issues that arise in U.S. trade investigations involving China. Our attorneys have appeared frequently on behalf of our clients in trade proceedings before the U.S. International Trade Commission and the U.S. Department of Commerce and in litigation before the U.S. federal courts (the Court of International Trade, the Court of Appeals for the Federal Circuit and the U.S. Supreme Court).
Our experience with both Chinese and U.S. companies on China-related matters includes:
- Intellectual property: We have assisted with patent procurement and trademark registration in the United States and China. We have handled international patent portfolio management and development for U.S. and Chinese companies. We have also handled patent due diligence analysis for U.S. and Chinese companies interested in entering the U.S. and the Chinese markets as well as for investors (from both China and the United States) seeking to invest in or acquire Chinese or U.S. companies and technology. We have handled patent and trademark litigation and ITC matters in the United States for Chinese and U.S. companies and have supervised enforcement of Chinese intellectual property, including patents and trade secrets, in China. Clients such as Accelergy, AstraZeneca China R&D Center, Eli Lilly Asian Ventures and Shenogen Pharma have turned to us to assist with matters such as intellectual property portfolio management, patent due diligence and international patent procurement.
- International trade: We have represented clients in major U.S.-China trade disputes across a wide variety of industries and forums. Our attorneys have been lead counsel in the successful representation of producers and exporters in major U.S. antidumping, CVD and safeguard investigations involving Chinese color television receivers, passenger tires, citric acid, prestressed steel strand, seamless steel pipe, wooden bedroom furniture, steel nails, steel grating and ball bearings, as well as successful Section 421 investigations on pedestal actuators and steel innerspring units from China. We have represented major producers in China and in the United States, including TCL Corporation, Yangzhou Chengde Steel Pipe, TTE Corp., Fujian Naoshan, Meizhou Aquatic Co., Dalian Huafeng Furniture Co., Ltd., TTCA Co., Ltd. and Wanxiang Automotive Co., Ltd. We have also provided counsel to the China Ministry of Commerce (MOFCOM) in several key U.S.-China trade investigations, including the landmark Section 421 case decided by the United States Court of Appeals for the Federal Circuit, Motion Systems Corp. v. Bush.
- Business matters: We have advised clients on hundreds of transactions involving a wide variety of PRC industry sectors. We work closely with the central government and local governments and maintain regular contact with PRC officials in order to remain current on policy changes. Our corporate team has representatives in both the United States and Shanghai who are experienced in a broad variety of transnational business matters, including cleantech, joint ventures and technology start-ups.
With China’s entry into the World Trade Organization, we are committed to leveraging our legal experience in the global business community and enhancing our ability to assist our Chinese clients with their business needs and expansion goals in the United States and other countries.
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