IPRdaily interviewed Ryan McCarthy, the firm’s Chief Representative of Fish & Richardson in China

Fish & Richardson, the premier intellectual property law firm in the United States, opened an office in the China Resources Tower in Nanshan District, Shenzhen on January 1, 2019.  IPR Daily interviewed Ryan McCarthy, a principal of Fish & Richardson and the firm’s Chief Representative in China.

IPRdaily：Fish & Richardson has 11 offices in the United States and an office in Munich, Germany. This is your first office in Asia.  What was the motivation behind establishing a presence in Shenzhen?

Ryan McCarthy：Chinese companies have been growing and innovating at an unprecedented pace. With innovation comes intellectual property, which is what Fish does on a global scale. Fish has been an IP-focused firm since its founding. Not only is Fish the largest IP law firm in the United States, we are consistently recognized as the leader in both IP litigation and prosecution. When it comes to innovation and IP, Shenzhen is also a world leader. Often referred to as the “Silicon Valley of China,” and boasting accolades, such as being first on the Forbes China list of the “Top 30 Most Innovative Chinese Cities 2018,” Shenzhen is a perfect fit for Fish. Like many companies across China, Shenzhen’s innovators are maintaining a rapid pace and are seeking the best possible global protection for their IP.

IPRdaily：Do you have an existing client base in China?

Ryan McCarthy：Yes. For years, Fish has helped some of China’s most innovative companies obtain, enforce, and defend their intellectual property rights in the US and Europe.  Although we are located in Shenzhen, our client base is spread across China.  From Shenzhen, we will serve our Chinese clients and engage with the overall IP community.  Our clients’ needs are always growing, and we expect that our presence in China will grow to fill those needs. One of our greatest strengths is providing long-term plans and solutions for clients. Making strategic decisions up front is cost-effective and helps our clients achieve successful outcomes.

IPRdaily：How is the intellectual property landscape unique in mainland China, versus in other markets? 

Ryan McCarthy：China’s IP landscape is changing at a pace unseen in other countries. China’s efforts to strengthen IP protection are well publicized. In hand with that, Chinese companies have been heavily investing in their IP in terms of portfolio development and enforcement, as evidenced by the sharp rise in patent filings over the last decade. These world-class companies are developing world-class IP portfolios. We practice US and European IP law, and have been helping our Chinese clients maintain this pace with a global view.

IPRdaily：What are the most pressing IP issues facing Chinese companies?

Ryan McCarthy：Competing globally, Chinese companies face cross-border issues as they relate to technology, IP, and litigation across multiple jurisdictions including the US and Europe. One pressing issue is getting up to speed with the complexity and variety of IP enforcement mechanisms, such as the International Trade Commission (ITC) in the US. We help our clients prepare to defend against infringement actions, as well as learn to leverage these channels for enforcement of their own IP. For example, we have represented numerous Chinese companies in enforcing their IP rights with strategies that maximize the impact of their portfolios. We also advise companies on how to manage parallel IP infringement actions in multiple jurisdictions.  Another issue is the growth of world-class IP portfolios, not just in terms of quantity, but a focus toward quality, value, and enforceability. We have a rich history of representing clients in the development of strong IP protections using cost-effective strategies.

IPRdaily：In what way do you feel the firm can contribute to the growth of the IP scene in the country?

Ryan McCarthy：Fish has been in the IP business for 140 years. Our deep experience and our position as the leading firm in both prosecution and litigation enables us to leverage unrivaled insight and knowledge in directly advising our clients, as well as educating the overall IP community in China.  We have numerous attorneys, who are both fluent in Mandarin and English. For example, my colleague in Shenzhen, Dr. Eric Peng, is fluent in both Mandarin and English.  Eric’s language fluency and his considerable network in China has enabled us to regularly speak at IP events and conferences to help educate and inform the IP community on evolving issues in US and European IP law.

IPRdaily：What are your predictions for the intellectual property market in mainland China?

Ryan McCarthy：Chinese companies are creating new and innovative technologies at a blistering pace. There is an extraordinary amount of research and development in China across every technology sector. This is evidenced by the pace of patent filings with China surpassing traditional leaders over the last few years.  Chinese companies across a broad range of industries, including telecommunications, electronics, financial technology, life sciences, and medical devices.  China has emerged as an innovation leader and more Chinese companies will follow to become global technology leaders.

Source: IPRdaily

Reporter: Si Ma

Editor: Dora