The foreign-related perplexity of enterprises: it is not a doorway to come up

How big is the foreign law market in Chengdu and even in Sichuan? What are the legal puzzles that these enterprises go abroad? What qualities and conditions do foreign law firms, field firms, and local law firms in Chengdu want to carve up this piece of cake? ...... Chengdu Commercial newspaper reporter investigation found that many enterprises are faced with foreign-related puzzles, very want to go abroad, but do not know what legal problems will be faced; some enterprises because of the lack of understanding of foreign laws and regulations, encountered independent intellectual property rights were registered, foreign enterprises to prosecute infringement cases more and more, just outside the country was forced back to the domestic　　After a lot of foreign-related lessons and setbacks, many enterprises are more and more before going abroad to ask professional lawyers to check, preventive.　　The huge foreign law market is a good opportunity for lawyers to expand their business, but from the needs of enterprises, professional lawyers are more favored, but the foreign-related professional legal personnel in Sichuan are very scarce. "Enterprise's foreign demand" Case 1: Encounter 337 investigation out was thrown back want to go abroad, because do not understand the rules of the game or encounter the other set of trade barriers, domestic enterprises have paid a lot of costs. Among them, the cost of intellectual property disputes is particularly noticeable.　　According to statistics, since 2005, because of the trade barriers brought about by intellectual property, the impact on China has exceeded anti-dumping, and anti-dumping losses in the main 100 categories of goods has nearly 20 billion U.S. dollars. July 1, 2005, Wood flooring industry giant Holland Unilin to the United States International Trade Protection Commission (ITC) to submit a "337 investigation" application for 30 wood flooring companies from around the world, including 17 Chinese companies in Sichuan province, which violated 4 U.S. patents.　　January 24, 2007, the ITC made the final, determined that in addition to the Shenzhen Yan Lung Company's "clicked" lock outside the chain of other Chinese enterprises products have violated the Unilin patent, and issued a general exclusion order.　　According to the final decision, the 16 Chinese floor exporters will no longer be able to export to the United States of the relevant infringement of the floor, the products have been imported into the United States and in the United States, will be based on ITC's ban on sales or payment of security. Unilin requires Chinese companies to "pay 100,000 ~12 a lump sum of $0.65 per square metre," and otherwise not be able to sell flooring products using Unilin Lock technology in the U.S. market. This additional expenditure will affect the price competitiveness of our locking flooring products in the U.S. market, according to the 2004 export to the United States 30 million square meters of composite flooring, Chinese enterprises to sell in the U.S. market using U-nilin lock technology Floor, A royalty of 19.5 million dollars (excluding one-time royalties) is payable to Unilin each year.　　In the average profit of less than 10% of the wood flooring industry, can not afford this use fee, only to withdraw from the United States market. Case 2: The patent license is not enough to pay more than more than 10 million an electronic manufacturing company in Sichuan, a legal officer does notA long time ago encountered a problem. The company's patented technology has been authorised in some countries in Europe and Asia, but has not been authorized in the North American market. Not long ago, they were sued by companies with the patent in the United States. "We took the other patents owned in the United States and negotiated with the company as a condition of cross licensing, and finally we paid more than 10 million yuan."　　"If there is no registered patent as a bargaining chip, the amount is estimated to double," she said. "Foreign companies attach great importance to patents, the core technology has long been applied for registration, and has a number of peripheral patents for protection, their light charge of licensing fees is a great benefit."　　The legal officer said that what the company can do is to apply for a patent as much as possible at home and abroad, as a "safeguard" when the enterprise faces possible disputes.　　Case 3: Do not know the rules want to PAL also dare not go out with some foreign disputes, lawsuits, many of the enterprises in Sichuan and Chengdu Local Enterprises, more confusion is to go out, but has not touched the doorway. Chengdu, a Chinese medicine research company staff told reporters that they have a lot of old Chinese medicine, perennial research a lot of recipes, made into proprietary Chinese medicine, intends to enter the international market. However, due to overseas sales, the establishment of the company, and even how to deal with the relevant documents of the steps, methods or confused, so very cautious. "Business opportunities are fleeting, and we are afraid to wait and see and miss out on a good opportunity for external development." "To go out, in addition to the relevant legal matters need to be dealt with, intellectual property is the most important part of many enterprises, most enterprises are through intermediary agencies to carry out the relevant work."　　Statistics show that Kawauchi intermediary small scale, single function, weak service capacity, nearly 100 registered institutions in the majority of practitioners to 2~3 people, practitioners have the crisis of talent fault, and the phenomenon of cross professional agent serious. The Director of Intellectual Property Research center of the State Intellectual Property Office has said in an interview with the media that China's enterprises are becoming more and more foreign-related intellectual property rights, and the amount of royalties and compensation is more and more, the scope of disputes is more and more wide;　　And the chances of happening are getting more frequent. "Whenever we are ambitious to prepare for our internationalization, foreign intellectual property rights are a huge mountain that cannot be bypassed," said an official at the Leshan intellectual Property Office, who declined to be named. "The opportunity for Foreign lawyers" professional foreign lawyers more and more popular "We have a lot of products out of the way, but after our products go out, there is always a part of people pull, said you violated the people's intellectual property rights. And a considerable part of the product to go out of low value-added, low technology content. Nu Hong, a partner at Tahota law firm, says this requires expertise from legal personnel.　　Moreover, in the development of foreign trade, the establishment of legal documents and export products in every stage, should have professional legal personnel to participate in order to be likely to face litigation. In the business management, the role played by lawyers is increasingly important. Chengdu Business DailyRandomly visited about 20 companies of different types and sizes, nearly 60% of those surveyed agreed that it was important not to be involved in litigation and to hear lawyers ' opinions. "The professional nature of the law is too strong, and our company's legal personnel are often in doubt." "The head of an electrical and mechanical enterprise told Chengdu Business newspaper reporter, even if the legal personnel drafted the relevant documents, but go abroad to translate into a foreign language, this is a small amount of expenditure."　　And sometimes, direct access to professional foreign-related legal services lawyers, can directly write legal documents in a foreign language, not only save money, the use of language and expression also more in line with foreign habits. not limited to litigation. Participation in a growing number of enterprises has realized the importance of lawyers ' participation in non-litigation legal matters. In particular, foreign-funded enterprises, the main purpose of employing legal advisers is to deal with non-litigation legal matters. For the main role of lawyers, the concept of enterprise is changing.　　Most enterprises believe that the role of lawyers is not limited to the case of a single legal service model, a considerable number of people believe that the main role of lawyers is to provide legal advice, and participate in business decision-making, drafting, review contracts are enterprises in the intention to carry out foreign trade, the hope that lawyers can provide services. "These enterprises have a strong sense of law, big to the negotiation, small to the contract audit, all want to have lawyers to participate, do a proactive, preventive." "Nu Hong said. Most enterprises consider the ability of lawyers as the main factor to be considered when choosing a lawyer. Through the visit to some enterprises, Chengdu Business Newspaper reporter found that the enterprise in the minds of the lawyers have the ability to have a certain degree of legal theory, but also the correct use of legal knowledge. The reputation of law firms is also a major factor in their consideration, especially for famous foreign-owned enterprises, which are preferred by famous law firms. Chengdu Business Newspaper reporter Dongxin Yang Xiaobo