On June 30, the seminar titled "IP Escort | Corporate Overseas IP Risk Control and Dispute Response," hosted by  Kangxin Partners P.C., organized by Beijing Kangrui Law Firm, and supported by the International Trademark Association (INTA), was successfully held at the Shenzhen Marriott Hotel Nanshan. Enterprise representatives, in-house counsels, and intellectual property practitioners from the Pearl River Delta region gathered at the event to jointly explore risk control strategies and practical paths for Chinese enterprises expanding overseas under the changing landscape of European and American patent policies.

Attorney Guiming (Gary) Wu provided an in-depth review of the case where the Tulip patent pool sued Sunwoda. Tulip utilized Germany's "bifurcation" system (separation of infringement and invalidity proceedings) and patents such as EP1829139B1 (featuring the "inter-particle gap" characteristic of separators) to obtain a preliminary injunction, forming a closed loop of "litigation-settlement-licensing." In response to such harassment by NPEs (Non-Practicing Entities), he suggested that enterprises should immediately conduct FTO (Freedom to Operate) clearances, reserve evidence for invalidation, utilize the EPO (European Patent Office) opposition procedure (the 9-month post-grant window) and invalidation lawsuits in member state courts to build counter-claim leverage, and resolve risks through technical circumvention.

Guiming (Gary) Wu

Hong Su, Chief Representative of INTA China, shared her observations and thoughts on the opportunities and challenges faced by Chinese enterprises expanding overseas. She pointed out that against the background of deep reshaping of the global economic landscape and accelerated restructuring of industrial chains, Chinese brands are integrating into the global market with unprecedented breadth and depth. Intellectual property has upgraded from a traditional "legal tool" to a "strategic resource" for the global layout of enterprises, serving as an important cornerstone for Chinese brands to participate in international competition and the shaping of global rules.

Su Hong emphasized that Chinese enterprises face unique challenges in their globalization process, such as cultural differences, diversified needs of global consumers, and cross-jurisdictional compliance. Concurrently, branding, brand licensing, and corporate as well as brand mergers and acquisitions have opened up new strategic spaces for the globalization of Chinese brands. Enterprises should advance their intellectual property strategies and integrate them into the top-level design of overseas expansion. As the world's largest organization of brand owners, INTA continues to provide pragmatic resources and professional support, including the INTA Practical Guide on Intellectual Property for Chinese Enterprises Going Overseas series covering more than 40 jurisdictions, the IP and AI certification series, and the Global Roadmap on Illicit Trade. Looking to the future, INTA will continue to rely on its global professional network to work hand in hand with all stakeholders, helping Chinese brands move steadily and further on the global stage.

Ms. Hong Su

Mr. Xueliang Wang analyzed the strong patent signals from Europe and the United States. The United States has introduced non-patent factors such as national security and industrial policy into its IPR (Inter Partes Review) evaluations and recognized the compliance of US-style SEP (Standard Essential Patent) patent pools. The EU's UPC (Unified Patent Court) has strengthened preliminary injunctions, extended its jurisdiction to a limited extent, and seized the discourse power regarding SEP rates. In response, he proposed a layered strategy: large enterprises should strengthen their layout in Europe and the United States, conduct more prudent FTO evaluations, and actively utilize the invalidation system to counter NPEs; small and medium-sized enterprises need to selectively deploy their layout based on markets, comprehensively consider costs and benefits, and rationally choose among "fight, settle, or retreat" solutions.

Mr. Xueliang Wang

In the interactive session, experts engaged in deep exchanges regarding the difficulties of overseas rights defense. The attending guests expressed that this seminar progressed step-by-step from policy and law to corporate internal control systems, providing a clear methodology and practical guidelines for enterprises to build an overseas intellectual property "moat."

In the future, Kangxin will continue to uphold the philosophy of "Professionalism-Based, Client-First," focus on the pain points of enterprises expanding overseas, and provide comprehensive risk control strategies from policy analysis to dispute response, helping Chinese enterprises build an overseas intellectual property "moat" and injecting solid strength into their globalization journey.