Kenneth Choy

/My focus

I have practiced law in the U.S. and Asia for more than 30 years. I work with innovative clients from different industries with intangible and IP assets in fundraising, portfolio building, IP commercialization, technology transfer, licensing, cross-border strategic alliances, regulatory compliance, and mergers and acquisitions. I also advise clients dealing with disputes involving technology and intangible assets, contracts and disagreements with shareholders, partners, and vendors. In recent years, I have been helping clients navigate the developing regulatory environment of crypto-currencies, blockchains, and ICOs.

Technology and Life Sciences

I work with technology companies with fundraising, M&A, licensing and tech transfer matters. I work with fintech and digital startup companies on regulatory compliance and general corporate matters.  I also work with biotech companies on fundraising, material transfer, research and clinical trial arrangements, product development and licensing matters.

Brand Development

I help brand owners develop and expand their brands in the Asian Pacific region through portfolio building, licensing and franchising. I also advise them on infringement and co-existing matters as well as website and online issues.

Digital Startups and Emerging Growth Companies

The past few years have seen a significant rise in digital start-ups in this region. Many are seeking to apply blockchain technology as their platform and digital assets as the tool for providing goods and services.  I help guide clients as they tread into this developing area where regulatory and compliance issues are not yet settled. I also help these companies with issues such as founders and shareholders relationships; employment mattes including obtaining visas; organizational structuring; IP protection and intangible rights; fundraising; and contracting needs.

IP Due Diligence

In M&A transactions and public offerings of securities, IP due diligence and evaluation involve more than checking boxes on a checklist. I help companies go beyond box checking so they may evaluate the state of the underlying IP portfolio.

/Looking ahead

Application of digital technology in a decentralized environment is in vogue in Asia today. In addition to challenges of proof of concept, there are many other issues to sort out, such as how investment dollars are characterized, regulatory compliance, ownership and right of use of intangible assets, transparency and data privacy, cybersecurity, and workplace and employment, to name a few. These issues are coming into focus in the amorphous digital environment where companies operate and are subject to multiple regulatory jurisdictions or none at all. Until these issues are sorted out, companies must exercise caution.

Publications and presentations

• “Bitcoin, Blockchain & Basics of ICOs for Lawyers,” Hong Kong Academy of Law, July 2019
• “Term Sheets and Investors Negotiations,” Hong Kong Startup Support Group, January 2019
• “Hong Kong amended its Patent Law,” Mitteilungen der deutschen Patentanwalte Herausgegeben vom Vorstand der Patentanwaltskammer, May 2017
• “從香港走向國際知識產權戰略” (IP Strategies for Going International from Hong Kong), BIP Asia Forum, December 2016
• “知識產權及法律” (Intellectual Property and the Law), CEO training programme, Shandong Department of Commerce and Hong Kong Trade Development Council, September 2016
• “Copyright and Designers,” Hong Kong Federation of Design Associations, March 2016
• Legal and Dispute Resolution: Key for International Trade Symposium, Jakarta, Indonesia, September 2015
• Hong Kong Trade Development Council Branch Directors Training, Hong Kong, May 2015
• IIPCC Conference, Shanghai, PRC, April 2015