Mr. Mark Fu specializes in IP, technology and data privacy matters, with a particular focus on supporting Chinese companies in their overseas expansion and cross-border business operations. He represents clients at all stages of the business life cycle, from bootstrapped start-ups to leading global enterprises, across a broad range of industry sectors. His technical background allows him to understand the technology drivers underlying cross-border transactions and regulatory issues.
Mark has particular expertise in structuring and negotiating complex cross-border transactions with a significant IP element, including those involving Chinese companies’ overseas investments, international commercialization and technology deployment. He handles complex IP due diligence, IP licensing and transfer, as well as IP-driven M&A, joint venture, strategic alliances and collaborative transactions, including patent acquisition and technology transfer projects, trademark license and content distribution projects, data processing and sharing projects, and R&D projects involving overseas partners, universities or government resources. Besides, Mark advises clients on disputes over IP infringement, validity, ownership, and breach of contracts relating to IP rights. He also has vast experience in service inventions, open source policies, standard essential patents and IP related antitrust issues.
On technology law side, Mark regularly assists Chinese tech firms and multinational companies in developing strategies, policies and procedures for overseas business expansion, digital transformation and business innovation. He has extensive experience handling large IT platform and business process outsourcing arrangements, cloud-based contracts, software license and development agreements, and provides pragmatic and commercially driven counsel on cross-border technology arrangements and regulatory matters such as technology import and export, telecom licensing, e-commerce, encryption technology as well as franchising related issues.
In the area of data privacy, Mark routinely assists Chinese companies in addressing cybersecurity and privacy requirements arising from overseas operations, including cross-border transfer of data and global data governance. Meanwhile, he provides international companies with insights and solution-focused suggestions for cross-border data transfers, as well as important data governance issues in China. Mark also leads several global data governance programs for Chinese clients to allow for efficient data transfers across corporate entities governed by multiple privacy regimes (including GDPR) by working with data law experts across King and Wood network.
Mark has been credited as a “Raising Lawyer” by ALB China, a ”Recommended Lawyer” in Fintech practice by Legal 500, and a “Leading Lawyer” by the World Trademark Review 1000 (WTR 1000). He has also been recognized as an “IP Elite” by the Shanghai Intellectual Property Service Association. Mark authored Thomson Reuters Practical Law’s practice note “patent and know-how licensing agreement (China)” and “trademark licensing agreement (China)”.
Work Experience
Mark joined King & Wood Mallesons in 2016. Formerly, he worked in the Shanghai office of a leading international law firm. Prior to that, Mark worked for a Fortune 500 U.S. company where he took charge of general IP matters for Asia Pacific.
Mark received an LL.B. degree from East China University of Political Science and Law with minor in electric engineering and automation. In 2010, he obtained an LL.M. degree from University of Illinois College of Law. He also serves an external mentor for Law School of Tongji University.
Mark is admitted to practice law in the State of New York and China, and is also a qualified patent attorney in China. He is fluent in English and is a native Chinese speaker