elaborate the different ways in which Precise, as a foreign investor, can minimize the impact of fluctuation in the value of its money in this foreign investment.
Precise Infotech, a prominent American start-up corporation, and Wu Yin Communications, a successful Chinese-owned company in Shanghai, plan to enter into a contract where Precise Infotech will bring funds and technology into a joint venture project with Wu Yin in China. The technology that Precise owns consists of patented inventions and trademarks registered in the EU and the US.
(a) Being a significant foreign investment, and using relevant portions of the IP Strategic Management Model, explain what measures Precise should take to protect and leverage on its patents and trademarks in a volatile and expansive Chinese market.
(b): Please also elaborate the different ways in which Precise, as a foreign investor, can minimize the impact of fluctuation in the value of its money in this foreign investment. What kind of clauses should both parties insert in the joint venture agreement to ensure that the value of their money and foreign investment are defined clearly and protected successfully, especially from the fluctuating economic and foreign exchange markets?
(c) As a foreign investor coming into China for the first time, what are the areas of concern you, as a lawyer, would advise Precise Infotech to be aware of when investing in a host state?
(d) Finally, what are some of the terms and conditions you, as a lawyer, would insert into a Foreign Investment Agreement made between Precise Infotech and the China government’s Foreign Investment Agency?