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Copyright

Unitalen has significant experience in counseling clients in the traditional copyright industries, as well as others that are faced with copyright issues due to the emergence of copyright as a primary form of protection for computer software, and the development of new media such as the internet and online services. We start by advising our clients on what types of works may be copyrighted, and how they can acquire copyright protection in particular works. We provide advice regarding provisions of the Chinese Copyright Act, and advise clients on structuring transactions, such as work-for-hire agreements, so that copyright ownership will vest in the desired party.

The lawyers at Unitalen have extensive experience in the copyright area, advising clients on copyright issues, prosecuting and defending copyright infringement suits and related cause of action such as trade secret misappropriation and misuse, drafting licenses and other copyright related agreements, and working with legislative and administrative authorities both in China and throughout the world in protecting the intellectual property rights of our clients.

The firm assists clients in preparing and filing copyright registration applications with Chinese National Copyright Administration, in recording copyright with the Chinese Customs Service, and in dealing with various other administrative agencies whose responsibilities encompass intellectual property-related matters. We also assist clients in obtaining copyright restrictions for various aspects of computer software, without disclosing or impairing the value of important trade secrets.

Our attorneys regularly assist clients in negotiating and drafting copyright license and content development agreements and advise clients on various related issues, such as the effect of the first sale doctrine on licensing restrictions that purport to prohibit diversion or sale of copies. We also have experience working with the Customs Service to identify and intercept goods being imported into China which might infringe our clients copyrights.

In addition, we have a long history of litigating copyright cases. We handle various copyright infringement actions on behalf of copyright registration owners and defend against infringement claims. This work has included representing clients in enforcement proceedings to block the importation of pirated copies of movies, music and computer software. Our attorneys also obtained ex parte orders to seize counterfeit goods under both the copyright and trademark laws.

Unitalen will be continually working with and advising clients on a wide range of copyright issues pertaining to use, development, licensing, and assignment of copyrighted works via traditional media and new technologies.

 

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