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! Doing Battle With Counterfeiters In China There Is a Way!! Ross Epstein TechLaw LLP October 17, 2011 Licensing Executive Society.

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Presentation on theme: "! Doing Battle With Counterfeiters In China There Is a Way!! Ross Epstein TechLaw LLP October 17, 2011 Licensing Executive Society."— Presentation transcript:

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2 ! Doing Battle With Counterfeiters In China There Is a Way!! Ross Epstein TechLaw LLP October 17, 2011 Licensing Executive Society

3 Agenda Licensing, Counterfeiting and China Developing a Comprehensive IP Portfolio On Line Enforcement Facilitating Seizure of Counterfeit Goods On The Ground Investigation/Litigation

4 Ross A. Epstein TechLaw LLP IP Attorney Since 2001 Telecom Entrepreneur in Central/Eastern Europe from 1992 to 2001 Business Litigator From 1987 to 1992

5 Sam Watkins Theodora Oringher PC Brand Protection Attorney and Problem Solver Since 2002 Commercial Litigator Since 1995 U.S. Coast Guard JAG Officer From 1990 to 1995

6 Perry Woo Homeland Security Investigations 17 years of law enforcement experience Expertise in IPR, internet, and financial investigations Former Oakland Police Officer, Financial Analyst, and Asia Desk Officer at HQ

7 Licensing, Counterfeiting and China Consumer Product ProblemConsumer Product Problem OEM ManufacturingOEM Manufacturing Chinese State-Owned LicenseesChinese State-Owned Licensees

8 Licensing, Counterfeiting and China Estimates Put US Costs of Counterfeiting near 300 Billion USD Annually and Worldwide close to a Trillion USD Estimates Put US Costs of Counterfeiting near 300 Billion USD Annually and Worldwide close to a Trillion USD Caused By Just-In-Time Manufacturing and B2B E-Commerce Caused By Just-In-Time Manufacturing and B2B E-Commerce 75% Originates in China 75% Originates in China

9 Comprehensive IP Portfolio Development Trademarks Copyrights Patents – Both Utility and Design

10 On Line Enforcement Monitor B2B Websites For Infringing Trademark and Copyright Activity Notice and Take Down Required Virtually Worldwide Be Consistent and Persistent The 80/20 Rule

11 Policing the Borders Sam Watkins Theodora Oringher P.C. Kevin Kozak Deputy Special Agent in Charge Department of Homeland Security Los Angeles

12 Enforcement On The Ground Private Investigators Litigation Against Resellers Taking It to China

13 Summary Be Diligent With Chinese Partners Create Comprehensive IP Portfolio Make Use of Available Tools and Techniques to Enforce Your Rights Regularly Assess Cost/Benefit

14 Thank You Sam Watkins Theodora Oringher P.C swatkins@tocounsel.com www.tocounsel.com Ross Epstein TechLaw LLP TechLaw LLP ross@techlawllp.com www.techlawllp.com

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