[Direct answer]Generally, this is possible, but it is necessary to distinguish between service agreements and specific qualifications. The core of corporate legal counseling is to provide long-term legal services. If the entrusted matters include intellectual property litigation, the law firm can assign lawyers with corresponding experience to represent clients; when dealing with professional fields such as patents and trademarks, it is usually necessary to cooperate with patent agents or technical teams. According to the relevant provisions of the Lawyer Law of the People's Republic of China (amended on September 1, 2017), lawyers can accept entrusted litigation representation; the jurisdiction of intellectual property cases is mostly concentrated in specific courts or intellectual property courts. The professionalism of intellectual property cases in the Beijing area is strong. It is recommended to make clear agreements on the scope of litigation representation, fees, and cooperation methods when entrusting legal counselors, so as to avoid disputes arising afterwards.

1. Problem background and typical scenarios

There are typically three scenarios: First, the company has already hired a permanent legal advisor and hopes to be represented by the same team in the event of infringement litigation. Second, the advisory contract does not explicitly stipulate litigation representation matters, and the two parties have disputes over the scope of services. Third, the case involves patents, trademarks, or trade secrets, which require professional technical support. In the above situations, it is particularly important to clearly define the scope of services and collaboration mechanisms. You can first understand the relevant provisions in the advisory contract and clarify the scope of services and collaboration mechanisms with the advisor in advance.Intellectual property protection and corporate lawThe service framework. In addition, infringement lawsuits often require rapid evidence collection and preservation, and temporarily assembling a team can easily lead to missing critical opportunities.

Based on the general circumstances of similar cases, it is necessary to establish a coordinated protection mechanism for trademarks, patents, copyrights, and trade secrets to avoid loopholes in the protection of rights. When necessary, professional lawyers can be engaged to avoid losing favorable positions due to procedural or time-limitation issues.

II. Key points of contention

The disputes focus on four points: first, the scope of legal advisory services, whether it includes litigation representation; second, the experience and qualifications of lawyers in handling intellectual property cases; third, the cooperation in technical investigation and appraisal in professional cases; fourth, the fee structure, whether the annual advisory fees and litigation representation fees are calculated separately. The above issues should be clarified when signing the contract to avoid delays in handling disputes due to unclear scope. If necessary, supplementary agreements can be signed separately for individual matters.

The essence of such disputes lies in the need to plan compliance reviews and evidence preservation in advance, so that enterprises can have a solid basis for defending and protecting their rights when disputes arise. When necessary, professional lawyers can be engaged to avoid losing advantageous positions due to procedural or statute of limitations issues.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers in the field of corporate legal consultancy and intellectual property protection shows that the relationship between consultants and litigation needs to be clarified in advance. There are three common problems: First, enterprises mistakenly believe that the annual consultancy fee already covers all litigation representation, but only find out that the scope of services is limited when disputes actually arise; Second, intellectual property cases are highly specialized, and lack of corresponding experience will affect litigation strategies; Third, evidence fixation is not timely, such as not completing the notarized purchase of infringing products, webpage preservation, and technical comparison in a timely manner. In the judicial practice of Beijing courts, intellectual property cases have high requirements for evidence forms and ownership proofs, and advance preparation often determines the success or failure of the case. It is recommended to stipulate in the consultancy contract the separate entrustment of litigation representation and fee arrangements, and to fix evidence immediately when infringement is discovered. In addition, attention should also be paid to the matching of jurisdiction courts and litigation strategies to avoid increasing time and costs due to improper procedural choices.

IV. Practical suggestions and legal basis

Action list: First, clarify whether the consultant contract includes litigation representation and fee arrangements; Second, verify the experience of the attorney in the field of intellectual property; Third, promptly fix evidence of infringement, such as notarized purchases, web page preservation, and appraisal; Fourth, sort out ownership certificates and R&D records to prove the basis of rights; Fifth, evaluate multiple approaches such as litigation, administrative complaints, and license negotiations. For intellectual property protection, you can refer to the following materials:Intellectual property protection and corporate lawYou can learn about the contract terms and remedies for breach of contractBusiness and contract disputes in enterprisesLegal basis: The provisions on the scope of lawyers' practice in the Law of the People's Republic of China on Lawyers (amended on September 1, 2017) and Article 116 of the Civil Code of the People's Republic of China (effective from January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, consultancy services and litigation representation are two different matters, and they should be clearly stipulated in the contract. Secondly, intellectual property cases are highly specialized, and it is advisable to have lawyers with relevant experience handle them. Thirdly, evidence collection has a time limit, and it is necessary to collect evidence as soon as possible when infringement is detected. Fourthly, litigation, administrative complaints, and licensing negotiations can be used in combination to protect intellectual property rights.Intellectual property protection and corporate lawFirst, understand the overall plan of the column. Fifth, once any infringement clues are discovered, they should be fixed as soon as possible. If necessary, apply for evidence preservation first and then consider litigation.

Therefore, it is recommended that the parties involved should clarify the basis of their rights and the method of comparing infringements, and simultaneously fix the basis for calculating compensation such as the infringer's profits or losses. Fixing evidence and clarifying claims early on is usually more effective than remedying the situation after the fact.

VI. Frequently Asked Questions

Q1: Does legal counsel include litigation representation?

It depends on the contractual agreement. Full-time legal advisors typically cover daily consultations, contract reviews, and compliance advice, while litigation representation may require separate retention and billing. It is recommended to clarify in the advisory contract whether litigation and arbitration representation are included and the corresponding fee standards, to avoid disputes over the scope of services in the event of a disagreement.

Q2: Who represents the parties in intellectual property litigation?

Generally, law firms will assign lawyers with experience in intellectual property to handle cases; for cases involving patents, trademarks, and other highly technical matters, patent agents or technical experts may be involved. Enterprises should review the relevant cases and professional backgrounds of the handling teams, and clarify the division of labor and responsibilities.

Q3: Can consultants handle patent litigation cases?

It's possible to act as an agent, but one must have relevant experience and be technically prepared. Patent cases often involve technical comparisons and interpretation of claims, which typically require collaboration with technical teams and appraisal institutions. If necessary, a technical investigator may be invited to participate. When selecting a team to handle the case, special attention should be paid to their practical experience.

Q4: How are the litigation costs calculated?

The annual advisory fees and litigation agency fees are generally calculated separately. The litigation agency fees can be determined based on the amount of the subject matter, the difficulty of the case, and the workload, and can be set at a fixed rate or on a contingency basis, subject to the terms of the contract. Before signing the contract, the parties should clarify the fees charged, the amount, and the payment schedule. If a contingency fee arrangement is used, the parties should confirm the applicable scope of the case and the fee cap to avoid disputes arising from unclear agreements.

Q5: How to protect intellectual property?

A protection system combining pre-event, event, and post-event measures should be established: pre-event measures include improving ownership and confidentiality systems and timely registration and filing; event-related measures involve monitoring infringements and preserving evidence; and post-event measures include seeking legal redress through litigation, administrative complaints, or negotiating licensing agreements. It is recommended that a legal advisor coordinate and regularly evaluate these measures.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.