With over 200 dedicated professionals, Beijing East IP has helped a full spectrum of clients – from startups to Fortune 500 corporations to domestic multinational companies – on their intellectual property issues in China.
As a trademark examiner at the TRAB, Mr. Yin has examined more than 5,000 trademark adjudication cases and participated in over 300 administrative litigations, winning awards for Excellent Examiner for three consecutive years from 2013 to 2015.
After joining in Beijing East IP since 2016, Mr. Yin is responsible for trademark prosecution and litigation for major domestic enterprises and the China affiliates of multi-national corporations, such as BSH, Epson, Lock&Lock, CATL, NucTech, Luna, Qutoutiao, Meitu, etc.
Main working language: English, Chinese (native)
Trademark
Copyright
Unfair Competition
Won court appeals before the Beijing IP Court and the Beijing High Court representing Lock&Lock, obtaining favorable judgments to invalidate bad faith registrations.
Won court appeals before the Beijing High Court representing Nuctech, where the court rendered favorable judgments overturning first instance judgment and CNIPA decision and supporting our claims of dissimilarity of marks and goods.
Won court appeals before the Beijing High Court representing Meitu, helping the client secure mark registration of its house mark "MEITU in Chinese."
Won favorable decisions before the CNIPA representing Epson, overturning the refusals based on the absolute grounds for origin misunderstanding.
Won favorable decisions before the CNIPA representing Human Horizons, overturning the refusals based on the absolute grounds for unhealthy influence.
Won court appeals before the Beijing IP Court representing Lonely Planet, obtaining favorable judgments to invalidate bad faith marks as pre-emptive registration of marks already used by others with certain fame.
Beijing East IP since October 2016
Examiner at the TRAB, October 2011 - September 2016
Member of the Trademark Committee at Capital Intellectual Property Services Association
PRC Attorney-At-Law
Master degree in Economic Law, Anhui University of Finance & Economics
Bachelor degree in law, Anhui University of Finance & Economics
Patent
M.S. in Microelectronics and Solid State Electronics, Beijing Jiaotong University
B.S. in Electronic Science and Technology, Beijing Jiaotong University
Mr. Lin is the Manager of the Electrical Patent Division with more than 10 years of experiences in practicing intellectual property laws in China. Mr. Lin’s primary technical specialty covers communication, computer, Internet, control, IC, and optical instrument. Mr. Lin primarily focuses his practices around software patent and business method patent in China.
Patent
Patent
Re-trial before Supreme Court of JinZiTianHe Patent Infringement case, (2013) Min Shen Zi No.1146, which was listed as Top 50 Typical IP Cases, 2013
Alibaba v. Ge Gao, (2015) Gao Xing (Zhi) Zhong Zi No. 3877
Administrative appeal of Jingyuan Chip (Wuxi) v. NXP Patent Invalidation
Tencent v. DeLiXunDa (Beijing) Patent Invalidation
ShengHua Technology v. ChenHon Photoelectricity Patent Invalidation
Sony v. ChiMei Optoelectronics Patent Invalidation
Sony v. Niexuejun Patent Invalidation
IC layout design
Re-trial before Supreme Court of IC layout design infringement case, which is the first IC layout design case accepted by the Supreme Court
Copyright
MTime v. Voole, (2015) Chao Min (Zhi) Chu Zi No. 28154
Department Manager, Beijing East IP Ltd., December 2012-present
Patent Attorney, Beijing East IP Ltd. since 2004
Shanghai Institute of Optics and Fine Mechanics, Chinese Academy of Sciences, Research Assistant, 1998-2001
Patent Attorney
PRC Attorney-At-Law
M.S. in Computer Technology and Application, Institute of Software of Chinese Academy of Science
B.S. in Optical Engineering & Photoelectric Instrument, Zhejiang University
Mr. Li started his career in the IP field in 2001, shifting from his previous pursuit in the education industry as an English teacher in Hangzhou. Mr. Li has profound understanding of the IP problems most multi-nationals face when they expend their business in China. Having served more one hundred Fortune 500 companies from a wide array of industries in nearly 20 years in China, Mr. Li has rich experience in prosecuting, enforcing and litigating intricate intellectual property matters, especially those relate to trademark and copyright infringement. Mr. Li’s tailor-made IP protection strategies for multi-nationals proved effective and earned his good names among clients and many of the cases are treated model cases for the industry.He ever holds position as Managing VP of CUIPPC and Vice President of Sinofaith IP Group responsible for brand protection.
Main working language: English, Chinese (native)
Trademark
Copyright
"Representing a US printing supply client, sucessfully designed and coordinated an inter-province case targeting the manufacture and distribution of counterfeit packaging network.
Representing a Korea mobile brand, devised and destroyed a network of smugglers cooperating with Customs Anti-smuggling Bureau.
Representing a US pesticide brand, pushed and coordinated a cross-border raid and successfuly extradicated the chief offender from Cambodia.
Representing a US software giant, initiated and won the first embedded software infringement civil case."
Member of WAD (World Association of Detectives)
Beijing International Studies University, English, Bachelor degree
Ms. Liu is the manager of the mechanical department. After graduating from the George Washington University with a L.L.M degree in 2003, Ms. Liu joined Beijing East IP Ltd.'s mechanical department. Ms. Liu works with a wide range of clients from around the world, including many Fortune 500 Japanese, American, and European corporations and so on. She provides clients services in various stages of a patent life cycle, including drafting, prosecution, reexamination, invalidation and litigation.Prior to joining Beijing East IP, Ms. Liu worked 6 years as a patent agent in China Patent Agent(HK) Ltd.Being in the patent field for over 20 years, Ms. Liu has won various high-profile patent litigation suites including patent infringement cases and patent invalidation cases, and obtained the recognition of the clients.
Main working language: English, Chinese (native)
Patent
Intellectual Property Consultation
Successfully represented Seiko Epson Corporation against a compatible ink cartridge maker for patent infringement before the Beijing First Intermediate Court and the Beijing High Court. A permanent injunction was issued and the damage of RMB 320,000 was decided. Meanwhile, Ms.Liu also successfully defended Epson’s patent against the infringer’s validity challenge.
Successfully represented Milliken & Company against two Zhejiang companies for patent infringement before the Beijing Second Intermediate Court and the Beijing High Court. She also successfully represented TVC, the patentee against the infringer’s validity challenge, in both the PRB procedure and the later administrative litigation.
Successfully represented Beijing JZTH in securing a non-infringement decision on all claims asserted by Beijing Jerrat. This case was listed as one of 50 typical IP cases in 2013 identified by the Supreme People’s Court.
Represented Toyota in an administrative litigation on validity of a design patent of a local company and successfully validated the design thereof.
Patent Attorney
PRC Attorney-at-Law
Donghua University, B.S. in Mechanical Engineering
George Washington University, LLM
Mr. XIAO is a senior patent attorney and litigator in chemical field, who’s primary technical specialty covers polymer, pharmacy, life science, chemical engineering and chemistry. He is also one of the senior manager of the Biological & Chemical Patent Division.
Patent
Intellectual Property Consultation
Pfizer Invention Patent Invalidation Lawsuit
Toyota Design Patent Invalidation Lawsuits
Nokia Design Patent Invalidation Lawsuits
Stamicarbon Invention Patent Invalidation Lawsuits
DSM Invention Patent Invalidation Lawsuits
DSM Invention Patent Reexamination Lawsuit
3M Invention Patent Invalidation Lawsuit
Negotiation for Patent Ownership Disputes between a US Company and its OEM Manufacturer
Arbitration of Patent License Agreement Disputes between a Taiwanese Company and a Chinese individual
Patent Attorney
LL.M., the John Marshall Law School
M.S. in Chemistry, Tsinghua University
BS in Polymer Materials, Tsinghua University
Mr. Liu is a senior manager of Beijing East IP’s Japanese and Korean Division, primarily responsible for the firm’s patent matters related to Japan. Mr. Liu is a senior patent attorney and a litigator who primarily focuses his practices in electrical related fields before the State Intellectual Property Office (SIPO), the Patent Reexamination Board (PRB) of SIPO, and the People’s Courts for patent prosecution, invalidation, reexamination, appeal, and litigations matters.
Patent
Intellectual Property Consultation
Epson Ink Cartridge Patent Infringement Case
Epson Ink Cartridge Patent Invalidation Case
Toyota’s First Successful Design Patent Invalidation Litigation Case
Senior Manager, Japanese and Korean Division, Beijing East IP Ltd., 2011 – Present
Patent Attorney, Japanese and Korean Division, Beijing East IP Ltd., 2003 – 2011
China Supreme Court Appointed Attorney for Patent Litigation
Patent Attorney
B.S. in Mechanical and Automatic Engineering, Dalian University of Technology
Patent
Intellectual Property Consultation
Patent Attorney
M.S. in Electric and Automatic Engineering, Northeast Dianli University
B.S. in Electric and Automatic Engineering, Northeast Dianli University
Sort-term Learning in Tokyo University of Agriculture and Technology
Mr. Wang obtained his Juris Master degree from Capital University of Economics and Business and Bachelor degree from Beijing International Studies University. Mr. Wang worked three years in other companies / firms before joining Beijing East IP Ltd. / Beijing East IP Law Firm in 2004. Mr. Wang co-leads the trademark team. Mr. Wang speaks Chinese (native) and English.
In the past decade, Mr. Wang has successfully obtained well-known mark recognitions before the Chinese Trademark Office (CTMO), the Trademark Review and Adjudication Board (TRAB) and Chinese courts for various worldwide famous brands in the field of Internet, motorcycle, musical instrument and hotel, which is rare and difficult for foreign trademark registrants.
Trademark
Copyright
Domain Name
Anti-unfair competition
Won the court appeal against the TRAB based on prior trade name, representing the largest travel guide book publisher in the world. (2015)
Successfully defended in a court appeal where both the courts and the TRAB hold that the opposed mark in Chinese is similar to the cited mark in English due to the high fame of said English mark, representing one of the largest U.S. residential mortgage companies. (2015)
Won the trademark infringement and copyright infringement lawsuits before Shunde District Court of Foshan City, representing a global leading standard setting organization. Damages of US$ 67,000 were granted by the court, and individuals behind the online infringement are held liable based on complicated chain of evidence and information like Whois, RIPE, IP address, telephone number, fax number, and email address. (2014)
Successfully settled a trademark infringement lawsuit on behalf of a worldwide giant in fast food restaurant industry before Shanghai court. (2014)
Successfully defending non-infringement in a trademark infringement case before Shenzhen court, representing a famous multinational hard drive manufacturer, where the Plaintiff claimed damages of US$ 250,000. (2014)
Won the trademark infringement case before Beijing Second Intermediate Court, representing a world leader of electronic test tools. (2014)
Won three court appeals against the TRAB decisions, representing an American casino and resort operating company. (2014)
Won a very high profile, challenging, procedure complicated, and unprecedented retrial case representing a restaurant before Beijing High Court and China Supreme Court respectively. Mr. Wang successfully assisted the client in initiating the re-trial process via a unique route prescribed under the law by persuading China Supreme Procuratorate to docket the case and protest against the China Supreme Court, and China Supreme Court ordered Beijing High Court to hear the retrial case. After Beijing High Court rendered the favorable re-trial decision for the client by reversing the first and second instance court decisions, Mr. Wang also successfully defended the adversary’s request for re-trial before the China Supreme Court. The re-trial decision rendered by the China Supreme Court has further clarified and improved its judicial interpretations. The second re-trial before the China Supreme Court is listed as one of the China 2013 Top 10 Innovative IP Cases, which is selected out of over 110,000 IP court decisions around China in 2013. (2013)
Represented an international giant in the jurisdiction challenge and the trial case regarding the high-profile patent royalty dispute and the anti-trust dispute respectively, where the appellate cases thereof are listed as China Courts 2013 Top 10 IP Cases and China Courts 2013 Top 50 Typical IP Cases, Managing IP 2013 Global Top 10 Cases, as well as China Courts 2013 Top 10 Hot Issue Cases. (2013)
Successfully obtained well-known mark recognition in the court appeals against the TRAB decision for a world-wide famous portal and Internet search engine. (2013)
Won dozens of trademark and copyright infringement lawsuits before Beijing First Intermediate Court, representing a global leading standard setting organization. (2012, 2013)
Won the trademark infringement case before Beijing First Intermediate Court and Beijing High Court, representing a NASDAQ listed U.S. online travel information provider. (2012)
Successfully obtained well-known mark recognitions in the court appeals against the TRAB decisions for a world-wide famous luxury hotel. This is one of the rare cases among around 100 well-known marks that the Beijing First Intermediate Court (first instance court of judicial review for the TRAB decisions) has recognized from 2001 to 2012, among which around 30 marks are owned by foreign registrants. (2012)
Won the trademark infringement and unfair competition case before the Guangdong High Court and Shenzhen Intermediate Court, representing a world-wide famous Internet search engine and portal. The courts ordered the defendant to cease the trademark infringement, change the trade name with the local AIC, and pay damages of around US$ 66,000. This case was selected as a candidate of the 2012 Top 10 IP Cases handled by Guangdong Courts where the 26 candidates include 6 cases involving foreign parties. (2012)
Won four trademark infringement, copyright infringement and unfair competition lawsuits before Shunde District Court of Foshan City, representing a global leading standard setting organization. This case has been reported by People’s Court Newspaper sponsored by China Supreme Court, which is the largest and most authoritative judicial newspaper in China. This case is listed as the TOP 10 IP Case (2008-2012) handled by Shunde Court among over 1,400 IP cases. This case involves the newly emerging type of online IP rights infringement. (2012)
Won the court appeal against the TRAB decision, representing a world-wide famous luxury hotel, based on the prior copyright before Beijing First Intermediate Court and Beijing High Court. (2011, 2012)
Successfully defended and was granted a favorable order of staying the trademark infringement case filed by a Chinese trademark troll before a Shenzhen court, representing a world-wide leading hard disk manufacturer. (2011)
Won the trademark infringement case before Beijing First Intermediate Court, representing global leading translation company. (2011)
Successfully obtained well-known mark recognitions before the CTMO for another world-wide famous Internet search engines and portals. This is the first recognized well-known status in 2000 in Internet field, and a record high of around 40 trademark cases recognizing well-known marks within recent three years before the CTMO and the TRAB. (2010)
Successfully settled a copyright infringement lawsuit before Haizhu District Court of Guangzhou City, representing a U.S. fashion information provider against a Chinese company. This case mainly involves the issues of complicated process of evidence collection on infringing works and evidence collection proving ownership of works in electronic form. (2010)
Successfully designed the plan and brought the patent infringement lawsuit representing one of the world’s largest private textile firms against a local influential manufacturer in Hongzhou to Beijing Second Instance Court, successfully defended the jurisdiction challenge raised by the adversary, and the court held the defendants liable for the patent infringement. (2010)
Successfully obtained well-known mark recognitions before the CTMO for a world-wide famous Internet search engines and Fortune 500 company. This case has created a record of achieving the well-known status in the shortest time frame of three years since the trademark owner’s establishment. (2009)
Successfully obtained a favorable award for the arbitration regarding patent and technology assignment agreement involving amount of US$ 2.5 million. (2009)
Won two trademark infringement lawsuits and successfully settled a trademark infringement and unfair competition lawsuit before Shenzhen Intermediate Court, representing a Fortune 500 company and famous IT company. The defendant ceased infringement and changed the trade name with local AIC. This case involves the hotly debated issue of conflicts between trade name and trademark registration. (2007)
Won various trademark oppositions, opposition appeals, rejection appeals, and dispute cancellations before the CTMO and the TRAB, representing hundreds of clients in various industries. These cases cover various issues like celebrity name protection, prior copyright, well-know mark recognition, cross-Class protection, bad faith filing, similarity between marks and goods/services, and distinctiveness of marks.
Won dozens of complaints under UDRP policy and CNDRP policy in the .com and .cn domain name disputes, representing the world leading companies in various industries.
Beijing East IP since 2004
PRC Attorney-At-Law
Capital University of Economics and Business, Juris Master degree
Beijing International Studies University, Bachelor degree
2014 TRADEMARK DISTINCTIVENESS AFFECTS THE DETERMINATION ON BAD FAITH FILING
2014 “DUCK KING IN CHINESE” RETRIAL AS CHINA COURTS 2013 TOP 10 INNOVATIVE IP CASE
2014 PROTECTION FOR PRIOR COPYRIGHT IN TRADEMARK DISPUTES (CO-AUTHORSHIP)
2013 STARTING DATE CALCULATION FOR THREE-YEAR NON-USE CANCELLATION
2012 ANALYSIS AND COMMENT ON WELL-KNOWN MARKS IN INTERNET FIELD
2011 DUCK KING CASE: HARMONIZATION OF PRIOR RIGHTS PROTECTION AND MARKS WITH HIGH FAME
2011 RESTRICTIONS ON DISCLAIMER OF TRADEMARK’S PARTIAL EXCLUSIVE RIGHTS
2010 FORMS OF THE CONFLICTS BETWEEN TRADEMARK REGISTRATION AND TRADE NAME
2009 SOLUTION PRINCIPLES OF CONFLICTS BETWEEN TRADEMARK REGISTRATION AND TRADE NAME
2008 ASSIGNOR AND ASSIGNEE IN TRADEMARK ADMINISTRATIVE DISPUTE PROCEDURE
2008 COULD CATCH-ALL PROVISIONS IN TRADEMARK FILING REALLY CATCH “ALL”?
2007 “OTHER DETRIMENTAL INFLUENCE” PROVISION AND GOOD FAITH PRINCIPLE IN TRADEMARK FILING
Ms. Zhang obtained her Juris Master degree from China University of Political Science and Law, and joined the firm in 2006. Ms. Zhang co-leads the trademark team.
Trademark
Copyright
Anti-unfair competition
Domain Name
Customs recordation
Won court appeals against the TRAB representing Freudenberg before the Beijing IP Court, the Beijing High Court and the China Supreme Court. These cases mainly involve the issue of determination of similarity of goods.
Successfully defended in a court appeal for Freddie Mac before the Beijing First Intermediate Court, the Beijing High Court and the China Supreme Court. This case involves the issue of determination of similarity between English mark and Chinese equivalent.
Won court appeals representing Maerz before the Beijing IP Court, the Beijing High Court and the China Supreme Court, obtaining favorable judgments affirming similarity between English and Chinese marks.
Won a court appeal against the TRAB representing Adobe before the Beijing High Court. The Beijing High Court (second instance court) revoked the decision held by both the first instance court and the TRAB, and recognized the PHOTOSHOP mark on computer programs as well-known in China. This case covers the dilution of well-known mark, and grants the protection of the PHOTOSHOP mark to cosmetics.
Won court appeals against TRAB for Facebook before the Beijing First Intermediate Court, the Beijing IP Court and the Beijing High Court, resulting in disapproval of various FACEBOOK marks for unrelated goods that were obtained by bad faith filings.
Won a court appeal against the TRAB for Lonely Planet before the Beijing First Intermediate Court and the Beijing High Court. The Courts affirmed the high reputation of Lonely Planet’s trade name and granted cross-class protection. Further, won the victory in the second instance appeal for a series of trademark invalidations against the marks “GU DU XING QIU in Chinese” and “LONELY PLANET and GU DU XING XING in Chinese.”
Won appeals against the TRAB for Instagram before the Beijing IP Court and the Beijing High Court, resulting in revocation of certain trademark registrations that were obtained by bad faith filing. This case illustrates the fact that the transfer of the trademark in dispute and whether the assignee is in good faith does not affect the determination of the bad faith of the original registrant.
Won court appeals representing McDonald's before the Beijing IP Court and the Beijing High Court and obtained well-known trademark protection for McDonald's mark "McFlurry in Chinese" before the Beijing IP Court.
Won a court appeal against the TRAB representing Cisco before the Beijing IP Court. The Beijing IP Court recognized the CISCO in Chinese mark on network communication equipment as well-known in China, and granted the protection to the goods of electric cooking utensils.
Won four trademark infringement, copyright infringement and unfair competition lawsuits for American Petroleum Institute (API) before the Shunde Court and the Foshan Intermediate Court, which was selected as the Top 10 IP Cases handled by the Shunde Court in Guangdong Province.
Won two trademark infringement and unfair competition lawsuits representing a NASDAQ listed U.S. online travel information provider before the Beijing First Intermediate Court and the Beijing High Court. The Courts ordered the defendant to cease the trademark infringement and pay damages. This case involves online trademark infringement and conflict between domain name and trademark.
Successfully settled a trademark infringement and unfair competition lawsuit representing a famous U.S. hotel company before the Fuzhou Intermediate Court. The defendant ceased infringement and changed the trade name with local AIC. This case involves the hotly debated issue of conflicts between trade name and trademark registration.
Successfully defended in a dispute of domain name transfer agreement representing a famous U.S. social network company before the Shenzhen Intermediate Court. The Court affirmed the validity of domain name transfer agreement and dismissed all claims of the plaintiff.
Successfully defended in a trademark infringement lawsuit representing one of the world’s largest hard drive manufacturers before the Guangdong High Court. The Court affirmed no infringement and dismissed all re-trial requests of the plaintiff.
Successfully settled a trademark infringement lawsuit representing a global lifestyle and accessory products retailer before the Shanghai IP Court, resulting in withdrawal of lawsuit by the plaintiff.
Won various trademark oppositions, opposition appeals, rejection appeals, and dispute cancellations before the CTMO and the TRAB, representing hundreds of clients in various industries. These cases cover various issues like celebrity name protection, prior copyright, well-known mark recognition, cross-Class protection, bad faith filing, similarity between marks and goods/services, and distinctiveness of marks.
Won dozens of complaints under UDRP policy and CNDRP policy in the .com and .cn domain name disputes, representing the world leading companies in various industries.
Beijing East IP since 2006
PRC Attorney-At-Law
Juris Master degree, China University of Political Science and Law
Bachelor degree in English literature, Hebei Normal University
WECHAT DOMAIN NAME CASE: WHY DOES TENCENT PREFER HONG KONG ARBITRATION? (2016)
PROTECTION OF THE CHINESE EQUIVALENT FOR ITS ENGLISH TRADEMARK (2015)
ANALYSIS FROM 32 CASES: TRADEMARK PROTECTION PRACTICE IN REAL ESTATE FIELD (2015)
DETERMINATION OF SIMILARITY OF GOODS AND SERVICES RELATED TO REAL ESTATE (2015)
ANALYSIS FROM 13 CASES: HOW TO PROTECT YOUR TRADEMARK BY APPLYING PRIOR COPYRIGHT (2015)
ADMISSIBILITY OF NEW EVIDENCE DURING TRADEMARK ADMINISTRATIVE TRIALS (2014)
DETERMINATION OF INFRINGEMENT AND USE OF TRADEMARK IN OEM BUSINESS (2014)