Douglas Clark



PRC IP Legislation and cases

Introduction

Welcome.  On this website, I provide information about my practice and experience as well as some useful links to intellectual property related websites. 

I currently practice as a barrister in Hong Kong.  My main areas of practice are:

I am a Fellow of the Hong Kong Institute of Arbitrators and a CEDR accredited mediator.

As a barrister, I have appeared in numerous cases involving intellectual property issues including patent infringement, trademark infringement and passing off trials, applying for and opposing interim injunctions and other interlocutory applications.  I also handle Trade Marks Registry hearings on registrability, oppositions and cancellations.  I have also represented clients in a number of defamation cases. 

Details of representative cases may be found by clicking here.  

The strategic intellectual property and commercial law advice I provide is based on my experience handling over 2,000 patent, trade mark, copyright and passing off/unfair competition cases in Hong Kong and China. I have handled numerous patent infringement cases relating to pharmaceutical and telecommunications patents. I have also co-ordinated numerous cross border litigation cases across Asia.  My non-contentious experience includes advising on technology transfer and conducting patent and other intellectual property audits as well as freedom to operate analyses.

I have also handled numerous general litigation cases in China and arbitrations relating to investment in or licensing to China.

I am fluent in Mandarin Chinese and Japanese.  I studied at university in China in the late 1980s and at high school in Japan in the early 1980s and have been accredited as a professional level translator into English from both languages. 

I was previously co-chair of the European Chamber of Commerce IPR Working Group in China and am a member of the Asian Patent Attorney's Association (APAA). 

I am a World Intellectual Property Organisation (WIPO) and Asia Domain Name Dispute Resolution Centre (ADNDRC) domain name panelist.   I am also a member of WIPO's Legal Rights Objection (LRO) Panel.  As a WIPO panelist I have rendered over 100 decisions including approximately 20 decisions in Chinese and 1 in Japanese. I also rendered one of the first LRO decisions. 

Until 2010 I was based in Shanghai as managing partner of Hogan Lovells' Shanghai office; head of the firm's Mainland China Intellectual Property practice and co-head of the worldwide patent practice.  I was with Hogan Lovells for 18 years from 1993 when I joined the Hong Kong office. I moved to Shanghai in 2000 to establish the Lovells' intellectual property practice in Mainland China and became a partner in the firm in 2001.

I was responsible for setting the Shanghai office of Lovells in 2003.  From 2003 to 2010, I was managing partner of Lovells' Shanghai office. In that time the office grew in size to have over 40 fee earners and more than 70 staff in total. In 2008 and 2009, I was an elected member of Lovells' partnership council which oversaw the internal management of the firm's partnership.