When selling cutting edge technologies in China, ensuring effective IP protection is key to maintaining competitive advantage. In addition, the unique and complex regulatory landscape means care must be taken to avoid any concealed pitfalls. Therefore, when our client was launching a new Internet of Things (IoT) solution to monitor the performance of its industrial air purification products, they approached us.
Our IP protection gap analysis enabled the client to strengthen protection for their core IoT/Software as a Solution (SaaS) technology and source code. Drawing on industry best practice, we recommended enhancements to the business structure and relationships with third parties to create additional control mechanisms for their IP. Data management and cross-border data flows was a specific regulatory concern. To minimise any risks, we undertook a data compliance risk assessment and developed a rectification plan. This included making recommendations on reducing cross-border transfer without impacting business operations, as well as strengthening contractual arrangements with third parties. As a result, our client was able to mitigate the IP and regulatory risks and roll out their new product with confidence.