In addition to the loss prevention services we undertake through our wholly owned subsidiary Ontario Management Corporation , a broad based approach is required here to ensure the core value and property of your company starts and remains secure in China.

While it is true that China is a member of the WIPO, Paris and Geneva Agreements – that does not necessarily insulate IP in this environment. And as the commercial market life of your core property is generally much shorter than the exclusivity a patent provides, prudence and proper planning go a long way towards avoiding most of the pitfalls. For once the ‘cat is out of the bag’ here, so to speak, it can be extremely difficult and cost intensive to create a remedy.

Our preferred method, that is much more cost effective for our clients, is to do everything possible to avoid any scenario where you will see your products at a public market 90 days after a new release. How By focusing on every aspect of operations: physical security, limiting access to your entire operation by structuring it properly at formation, ensuring your filings reflect the actual claims and that they are processed correctly, supplier audits before you hire them, basic personnel reviews and other similar intensive prospective and defensive actions.

Can we split up your manufacturing? Should we? One approach taken over the last few years is to have multiple locations set up at formation. We can then insulate your staff from each other and keep those that have access to your entire production process, components, software, and other essentials to a very small core of foreign staff. As attorneys, we’ll be happy to engage in a legal remedy for you, but logistics in advance is much cheaper than litigation after the fact…

We also work with several investigation companies that seek out unauthorized manufacturing, engage in raids where necessary and we then oversee the civil and criminal processes that are available under Chinese Law.

Working in tandem with our IP arm, our services include:

Infringement Issues: Investigating manufacturers, trading companies, wholesalers and retailers regarding illegal activities by collecting quotations, photos, invoices, samples, production and marketing information.

Risk Prevention: Company and shareholder background investigations and due diligence, credibility assessments, market entry evaluations, employee screening, previous work experience and educational degrees and vendor, distributor and supplier oversight.

Risk Management: Internal / external fraud, closing potential leaks of company production & marketing information, patents or specialized techniques, investigating and preventing legal transfer of assets, raw materials and products.

Intellectual Property Filings: Consulting on patent, trademark and copyright registrations, translations and technical coordination across the ocean and the language barriers.

Intellectual Property Enforcement: Coordinating and witnessing fact finding actions, raids by the Chinese authorities, destruction of any seized goods and the subsequent civil, administrative and criminal litigation caused by improper use or your core intellectual property.