Dr. Xiang Wang is the Co-Chair of Orrick’s Global Advisory Board, Partner in Charge for Asia and the head of China IP and Data Privacy practices, splitting his time between three offices: Shanghai, New York and Beijing, where he is the Managing Partner.
Xiang has extensive experience in assisting local and foreign-based multinational companies with all aspects of their IP rights in the U.S., China and Asia, including IP litigation and arbitration, patent, copyright and trademark infringements, Section 337 U.S. International Trade Commission (ITC) investigations, patent office proceedings including inter partes reviews (IPR), IP due diligence and portfolio counseling, industrial espionage, trade secrets misappropriation, mass torts and product liability, securities litigation, the Foreign Corrupt Practices Act (FCPA), technology export control, the Alien Tort Statute (ATCA) and the Racketeer Influenced and Corrupt Organizations Act (RICO) investigations and compliance. These matters have implicated a vast array of technologies, from software and electronics to renewable energy and medical devices as well as agricultural and building materials, to name just a few. Xiang also works extensively on cybersecurity & data privacy issues for both Chinese and international clients.
Xiang is a Guiding Expert of the China Overseas IP Dispute Response & Guidance Center. Xiang has been particularly active in Chinese state-owned enterprises related U.S. litigation. Clients turn to his strategic and innovative advice thanks to the in-depth understanding of their business needs and political risks, and appreciate that he “understood the environment in the China legal system and can give nuanced advice”.
Xiang has developed the region’s premier IP practice based on his reputation as one of the few IP lawyers who has a doctorate in electrical and computer engineering, a Chinese Certificate of Laws and admission to practice law in New York, Indiana and before the U.S. Patent and Trademark Office. Due to its success in patent disputes in the U.S. and China, involving both foreign and Chinese companies, Orrick IP team was exclusively featured in a documentary film “Patent Wars” by the China Central Television (CCTV).
Xiang is highly regarded for his practical legal advice that results from more than 10 years of experience at medical and electronic device businesses before becoming a lawyer. He also has received four U.S. medical-technology patents in his name.
On December 27, 2015, the Standing Committee of the National People’s Congress, China’s national legislative body, passed the Counter-Terrorism Law of China, which entered into force on January 1, 2016. Although the law’s precise breadth and scope are yet to be determined, the law has important implications for companies deploying encryption technology as part of their cybersecurity programs.
As an initial matter, the Counter-Terrorism Law applies to telecommunications operators and internet service providers in China, but may very well be construed much more broadly. Specifically, the concept of an internet service provider is not clearly defined under Chinese law, and could refer to any business that provides services via the internet in China. This would sweep in the majority of global, including U.S.-based, technology companies with equipment, offices, employees and/or customers present in the Chinese marketplace.