Offense and Defense in Negotiation

In this era brimming with both challenges and opportunities, every enterprise is in search of its path to survival. For IPRTOP's clients, innovation stands as their principal means of sustenance. One of IPRTOP's clients is a company with a strong background in the semiconductor industry, which understands that only by constantly innovating can it stay ahead of the game in this highly competitive market.


A globally renowned manufacturer in the semiconductor and computing innovation field invited this company to collaborate on an important project, which was a great opportunity as well as a huge challenge for the company. To engage deeply in the project, the company had to complete a large amount of research and development work in a short time, while concurrently assessing and mitigating potential legal risks. The research and development (R&D) work relied on the company’s professional technical staff, while the legal risks covered a wide range of areas. Particularly, the intellectual property outcomes generated during R&D raised complex questions about allocation, management, and usage rights for both parties involved. To evaluate and safeguard against these intellectual property legal risks, the expertise of a professional institution was indispensable. Confronted with tight deadlines and substantial responsibilities, the company promptly selected IPRTOP as its legal representative to assist in conducting comprehensive legal risk assessments, preventative measures, and legal negotiations.


First of all, our client (the aforementioned company) engaged in negotiations for a cooperation agreement with a globally renowned manufacturer in the semiconductor industry, and as their legal representatives, we participated throughout these discussions. We were acutely aware of the critical importance of these negotiations, as they would determine our client’s rights and obligations in future collaborations. Therefore, we were committed to meticulously planning and exerting our utmost efforts to secure the maximum possible benefits for our client. Before the negotiation commenced, the IPRTOP legal team conducted an extensive preparation process. This included a thorough analysis of the renowned manufacturer's development history and operational status, as well as researching market conditions and competitor intelligence relevant to the project. Subsequently, we devised the negotiation strategy with care, anticipated the possible objections of the globally renowned manufacturer, and pressured the globally renowned manufacturer to concede by information offensive. In addition, we accurately identified the manufacturer's needs and strategically projected vulnerability to encourage their compliance. Due to our comprehensive preparation and accurate anticipation of their objections, coupled with skillful negotiation tactics, the manufacturer was persuaded to accept our proposals.


However, in the midst of these smooth negotiations, an unforeseen complication arose. One of our client's competitors learned about the collaboration and sought to impede the partnership with the globally recognized manufacturer. Employing various unscrupulous tactics, including malicious slander and unfair competition, this competitor significantly tarnished our client's reputation, potentially jeopardizing the manufacturer's willingness to continue the collaboration. This situation introduced unexpected challenges for the IPRTOP legal team. Our subsequent efforts were intensified to maintain the manufacturer's trust, safeguarding against any influence from the competitor's actions, all in an effort to protect our client’s interests.


Because of our unwavering professionalism, our legal team remained steadfast and unyielding in the face of various hindrances orchestrated by the competitor. Instead of succumbing, we covertly engaged in a contest intertwining professional technology and legal expertise with the competitor. Leveraging multifaceted information, we further honed our negotiation strategy, deploying legal tactics to counteract the competitor’s unjust actions. We also actively sought the backing of the globally renowned manufacturer. After several rounds of intense negotiations and debates, IPRTOP's legal team finally secured the desired outcomes for our client. We not only successfully secured the expected breach of contract compensation amount for the client when the globally renowned manufacturer breached the contract, but also ensured the fair distribution of the patent ownership in the future research and development process.


In general, by offering comprehensive legal services, deeply understanding our clients' needs, and employing apt negotiation strategies, IPRTOP provided exceptional legal solutions. Moving forward, IPRTOP will continue to extend our professional expertise and wisdom in offering high-quality legal services to more clients. Our aspiration is to become an indispensable partner for enterprises in the realm of intellectual property protection and management.