A non-infringement opinion distinguishes a product or service from close copyright or software claims in two ways in China. First, it construes the claims within the analytical framework set forth by judicial precedent and second, it reads the claims upon the product to establish no infringement, both literally and under the doctrine of equivalents. Should the product ultimately be found to infringe on other copyright or software, a non-infringement letter helps to avoid enhanced damages from willfulness.

Why a Non-infringement opinion is important

The copyright or software non-infringement opinion serves several purposes and has some important benefits in China. First, and most obviously, the copyright or software non-infringement opinion answers the question of whether the competitor's copyright or software is infringed by your product. If infringement is found, the copyright or software infringement opinion may also suggest ways to minimize or eliminate the infringement risk by modifying the allegedly infringing product. Second, the copyright or software infringement opinion can be used in devising strategies for responding to the competitor's cease and desist letter. Third, the copyright or software infringement opinion can be used in subsequent litigation to rebut a charge of willful infringement.

What we can offer in the non-infringement opinion

We help our clients avoid the costly expense of wasted time and resources committed to developing and manufacturing new products that may infringe upon an existing copyright or software. An infringement opinion is a useful tool that helps protect innovators by researching and evaluating products or services that are similar to the client’s and determining and providing a recommendation to either proceed as planned or make changes in order to avoid willful infringement.

We have access to national and international resources for conducting infringement and validity searches in order to assure that the most relevant pieces of information are identified, analyzed, and considered in the process of drafting our opinions. These opinions are helpful insurance policies against the possible future litigation, as they demonstrate that innovators have made every possible effort to avoid infringing on an existing copyright or software.

Preparing non-infringement legal opinions

The details of copyright or software registration and copyright or software protection can be overwhelming, and leave many Dallas business owners or companies frustrated. This is especially true when preparing legal opinions, such as non-infringement legal opinions for copyright or software. A non-infringement legal opinion is meant for companies that are preparing to introduce a new product or idea that is somewhat similar to an existing product or idea. The legal opinion offers assurance that infringement of the existing copyright or softwareed product will not occur.

Fortunately, though copyright or software can be confusing and frustrating, the intellectual property attorneys of this China IP Law Firm can help international business owners in China to protect themselves and their products.

How We Can Help Prepare Non-infringement Legal Opinions

Preparing a non-infringement legal opinion properly is critical, as any mistake could lead to legal complications for you and your company in the future. However, an experienced intellectual property lawyer in China can draft a legal opinion for you, including all necessary sections:

•  Description of the product/idea
•  Search criteria and results
•  Relevant laws
•  Analysis of infringement potential + legal principles guiding analysis
•  Limitations of claim
•  Conclusion
•  Disclaimers

All of these aspects of a non-infringement legal opinion must be addressed. Fortunately, you can get help with this from an experienced intellectual property attorney in China.

Contact an Intellectual Property Lawyer in China

The amount of copyright or software infringement litigation has undergone a substantial increase in China in the last decade. In addition, it is not uncommon to see significant damages awarded to owners of copyright or software for infringement by competitors.

If you need legal assistance drafting a non-infringement legal opinion for a copyright or software, the intellectual property attorneys of China IP Law Firm, can help you. Contact our offices in Shenzhen, Shanghai or Beijing today by calling + 86 18819019636 to set up a consultation and see how we can help.