FREEDOM TO OPERATE SEARCH
Dwipo, Lubis & Partners IP Law Firm (DLP) has demonstrated its exceptional expertise and capacity in intellectual property (IP) law by successfully representing Shanghai Boiler Works Co., Ltd. (SBWL) in a significant freedom to operate (FTO) search before the company began its operations in Indonesia. SBWL, one of the earliest state-owned large enterprises in the People's Republic of China, specializes in designing and manufacturing utility boilers and operates as a subsidiary of the renowned Shanghai Electric Group Co., Ltd.
The FTO search, also known as an infringement search, was an essential step for SBWL as it sought to enter the Indonesian market. This process is designed to assess whether the product that SBWL plans to commercialize in Indonesia could potentially infringe upon existing patents held by third parties. By identifying any potential patent conflicts before trading in Indonesia, the FTO search ensures that companies like SBWL can manage the risk of costly litigation or product redesigns due to patent infringements.
As DLP’s lead partner, Damar Swarno Dwipo, highlighted, this successful representation underscores the firm’s proficiency and excellence in handling complex patent-related matters, not just within Indonesia but across international jurisdictions as well. His statement reflects the firm’s commitment to offering high-quality, strategic legal counsel, even for intricate and challenging cases.
The importance of conducting an FTO search early in the product development and distribution process cannot be overstated. It helps companies navigate the intricate IP landscape and mitigate the risk of inadvertently infringing on existing patents, which could have serious legal and financial consequences. For SBWL, conducting the search before their entry into Indonesia allowed them to proceed with their operations confidently, knowing that they had taken the necessary steps to protect their business from IP risks.
In the fast-paced and competitive global market, where technology and IP are key assets, conducting a thorough and proactive FTO search is a critical strategy. DLP’s success in guiding SBWL through this process is a testament to the firm’s ability to handle complex IP challenges and deliver tangible, impactful results for their clients.