Intellectual Property Legal Risks And Counterstrategies Concerning Chinese Enterprises Going Global

In the era of knowledge economy,any country,region or enterprise,while participating in international competitions,will unavoidably encounter the discourse around intellectual property.Under the new rise of international trade protectionism,how to improve the competitiveness of Chinese enterprises and effectively prevent intellectual property legal risks has become a huge challenge that every Chinese enterprise cannot avoid in the process of internationalization.Over the past 40 years of reform and opening up has witnessed China’s significant achievements and progress in its economy and social development.A large number of enterprises such as HUAWEI and LENOVO have established their overseas markets,and increasingly more Chinese enterprises have participated in international competitions and integrated into the global industrial system.However,in recent years,China’s enterprises have frequently faced an increasing number of intellectual property disputes during international trade.In 2019,China has become the country with the largest number of "337 investigation" cases,the largest number of enterprises involved and the highest amount of money involved for several years in a row.Therefore,in the process of "going global",Chinese enterprises should fully understand the concepts of intellectual property risk and protection,thereby improving their ability to prevent and control the related legal risks.Within the contexts of "going global" and based on the relevant concepts of overseas intellectual property risks,the international intellectual property legal environment and the general situation of Chinese enterprises’ intellectual property,this paper investigates the status quo of intellectual property rights in the process "going global",with an in-depth examination of specific cases.It is found that the intellectual property risks faced by Chinese enterprises are divided into the following aspects:intellectual property infringement litigation risk,intellectual property barrier risk,intellectual property operation risk and intellectual property contract risk.Additionally,this paper analyzed and summarized the causes of disputes.Five major intellectual property legal risk factors are then concluded,namely,intellectual property legal awareness risk,intellectual property legal system risk,intellectual property legal environment risk,intellectual property legal risk control ability risk and intellectual property legal risk tolerance.Finally,based on China’s specific domestic situation,this paper puts forward several specific suggestions on intellectual property legal risk control for enterprises "going global" from various perspectives,including organization and mindset,system and process,technology and method,and tolerance capacity and legal environment.