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Areas of Practice
Mr. Mark Fu specializes in IP, IT and data privacy matters. He represents numerous 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 transaction and regulatory issues.
Mark has particular expertise in structuring and negotiating complex cross-border transactions with a significant IP element. 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 universities or with government resources. Mark authored Thomson Reuters Practical Law’s practice note “patent and know-how licensing agreement (China)” and “trademark licensing agreement (China)”. 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 open source policies, standard essential patents and IP related antitrust issues.
On IT law side, Mark regularly assists local tech firms and multinational companies in developing strategies, policies and procedures for digital transformation and business innovation in China. He has extensive experience handling AI implementation projects, large IT platform and business process outsourcing arrangements, cloud-based contracts, software license and development agreements, and provide pragmatic and commercially driven counsel on complex regulatory matters such as generative AI, telecom licensing, technology import and export, e-commerce, encryption technology as well as franchising related issues.
In the area of data privacy, Mark routinely assists domestic companies in conducting cybersecurity and privacy audits, designing mitigation measures and establishing data protection program for financing and initial public offerings. Meanwhile, he provides international companies with insights and solution-focused suggestions for cross-border transfer of data, 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 KWM network.
Mark has been credited as a ”Recommended Lawyer” in Fintech practice by Legal 500, as well as being rated as 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.
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.
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.
