Wanhuida Intellectual Property > Beijing, China > Firm Profile

Client Testimonials

CLIENT: Günther Stoll
COMPANY/FIRM: ANDREAS STIHL AG & Co. KG
TESTIMONIAL: “We would like to thank Mr. Shuhua ZHANG for another year of successful cooperation with quite some milestones having been set and partly still to be handled. We feel very well represented by Mr. ZHANG and your firm, also considering the difficult legal landscape in China with quite some obstacles not always easy to overcome. Be assured that we are aware of and very much appreciate your continuous work and we understand very well that progress as we made it so far would not have been possible without your firm.”

CLIENT: Francois DUFOURNET
COMPANY/FIRM: MAPED S.A.S.
TESTIMONIAL: “This is very good news and we really appreciate this favorable decision. It was one critical point to get this favorable decision as a first step of our strategic plan against the infringer. We would like to thank the whole team for your deep involvement in this case. Though this case is not ended but this decision will allow us to open new similar cases in China.”

CLIENT: Lionel Darolles
COMPANY/FIRM: LVMH Moët Hennessy – Louis Vuitton
TESTIMONIAL: “Congratulations to Yongjian LEI, Paul Ranjard and all the team for your excellent work! We are now effectively ready to work together to successfully clear the market in the following years. I hope that in France or in China we will have the opportunity to celebrate this subject.”

CLIENT: Liu Shan
COMPANY/FIRM: Akris (China) Co. Ltd
TESTIMONIAL: “Thank you so much for the Wonderful news!!! Once again, I wish to send a huge note of THANKS from AKRIS to You and all the team of Wanhuida for your greatest expertise, endeavors and efforts!!! Together with the other good news received in the past two years, this moment is like our harvest season after our continuous efforts and hardworking days and nights in the past four years and a half. From the bottom of my heart, I want to thank You, Mr. Lei, and Mr. Bai Gang for your greatest trust and support to AKRIS. We have been working intensively and very closely with the best trademark lawyer in China.”

CLIENT: Shannon Platt
COMPANY/FIRM: Sparke Helmore Lawyers
TESTIMONIAL: Most helpful Jason!! Sound commercial advice, and in context!! This is why I choose to work with you…

Client Testimonials

CLIENT: Jean-Claude MASSON

COMPANY/FIRM: Hermès International

TESTIMONIAL: Congratulations on this positive decision and the recognition of not only the fame and the well-known status of our house mark and its Chinese equivalent but also the recognition on the combined use of our iconic elements including orange color, “H” character, horse device, carriage patterns as well as the display of Hermes’ products constitute unfair competition. The damages obtained is also good news and a very good point. I believe this decision is one of the first concerning our orange color. I can’t wait to see you to celebrate this beautiful decision. Another reason to drink Champagne!

CLIENT: an in-house counsel

COMPANY/FIRM: a leading company in life science industry

TESTIMONIAL: Thanks again for the great news on Wednesday! This has been a long project, and a long wait for the court decision, but it is really exciting to see that we have reached our goals to get the desired verification from the court. I would like to thank Wanhuida for the great work and in particularly yourself and your team for guiding us through the process and representing us before the Shanghai court. And I really look forward to keeping working with you on this and other cases.

CLIENT: Federica Combariati

COMPANY/FIRM: ASSA ABLOY AB

TESTIMONIAL: It was such a pleasure to meet Wanhuida team today. I really value your work, your support and also your kindness. You are a tremendous professional, we at ASSA ABLOY are very glad to be working with you and we hope we can expand our cooperation even further.

CLIENT: Claude DAGOIS

COMPANY/FIRM: STAUBLI TECHNOLOGY & SERVICES

TESTIMONIAL: Thank you for this good news. On behalf of myself and my colleagues of Stäubli Sargans, I would like to congratulate you on this success. You did a very good job and very professional preparation. Of course we don’t get what we asked for but our rights are recognized and the infringer can no longer reject the accusation of infringement. This result strengthens our will to fight and gives us the energy to continue the fight.

CLIENT: Günther Stoll

COMPANY/FIRM: ANDREAS STIHL AG & Co. KG

TESTIMONIAL: We would like to thank Mr. Shuhua ZHANG for another year of successful cooperation with quite some milestones having been set and partly still to be handled. We feel very well represented by Mr. ZHANG and your firm, also considering the difficult legal landscape in China with quite some obstacles not always easy to overcome. Be assured that we are aware of and very much appreciate your continuous work and we understand very well that progress as we made it so far would not have been possible without your firm.

CLIENT: Liu Shan

COMPANY/FIRM: Akris (China) Co. Ltd

TESTIMONIAL: Thank you so much for the wonderful news!!! Once again, I wish to send a huge note of THANKS to all the team of Wanhuida for your great expertise, endeavours and efforts!!! Together with the other good news received in the past two years, this is like a harvest season after continuous efforts and hardworking days and nights in the past four years and a half. From the bottom of my heart, I want to thank you for your great trust and support to AKRIS. We have been working intensively and very closely with the best trademark lawyer in China.

Client Testimonials

CLIENT: Jean-Claude MASSON

COMPANY/FIRM: Hermès International

TESTIMONIAL: Congratulations on this positive decision and the recognition of not only the fame and the well-known status of our house mark and its Chinese equivalent but also the recognition on the combined use of our iconic elements including orange color, “H” character, horse device, carriage patterns as well as the display of Hermes’ products constitute unfair competition. The damages obtained is also good news and a very good point. I believe this decision is one of the first concerning our orange color. I can’t wait to see you to celebrate this beautiful decision. Another reason to drink Champagne!

CLIENT: an in-house counsel

COMPANY/FIRM: a leading company in life science industry

TESTIMONIAL: Thanks again for the great news on Wednesday! This has been a long project, and a long wait for the court decision, but it is really exciting to see that we have reached our goals to get the desired verification from the court. I would like to thank Wanhuida for the great work and in particularly yourself and your team for guiding us through the process and representing us before the Shanghai court. And I really look forward to keeping working with you on this and other cases.

CLIENT: Federica Combariati

COMPANY/FIRM: ASSA ABLOY AB

TESTIMONIAL: It was such a pleasure to meet Wanhuida team today. I really value your work, your support and also your kindness. You are a tremendous professional, we at ASSA ABLOY are very glad to be working with you and we hope we can expand our cooperation even further.

CLIENT: Claude DAGOIS

COMPANY/FIRM: STAUBLI TECHNOLOGY & SERVICES

TESTIMONIAL: Thank you for this good news. On behalf of myself and my colleagues of Stäubli Sargans, I would like to congratulate you on this success. You did a very good job and very professional preparation. Of course we don’t get what we asked for but our rights are recognized and the infringer can no longer reject the accusation of infringement. This result strengthens our will to fight and gives us the energy to continue the fight.

CLIENT: Günther Stoll

COMPANY/FIRM: ANDREAS STIHL AG & Co. KG

TESTIMONIAL: We would like to thank Mr. Shuhua ZHANG for another year of successful cooperation with quite some milestones having been set and partly still to be handled. We feel very well represented by Mr. ZHANG and your firm, also considering the difficult legal landscape in China with quite some obstacles not always easy to overcome. Be assured that we are aware of and very much appreciate your continuous work and we understand very well that progress as we made it so far would not have been possible without your firm.

CLIENT: Liu Shan

COMPANY/FIRM: Akris (China) Co. Ltd

TESTIMONIAL: Thank you so much for the wonderful news!!! Once again, I wish to send a huge note of THANKS to all the team of Wanhuida for your great expertise, endeavours and efforts!!! Together with the other good news received in the past two years, this is like a harvest season after continuous efforts and hardworking days and nights in the past four years and a half. From the bottom of my heart, I want to thank you for your great trust and support to AKRIS. We have been working intensively and very closely with the best trademark lawyer in China.

Domestic Language Profile

万慧达知识产权创立于1999年，旗下包括万慧达知识产权代理有限公司（及分公司）和万慧达律师事务所（及分所）。总部坐落在北京，并在上海、广州、深圳、重庆、天津、杭州、苏州、宁波、香港等地设有办公机构。专业团队500余人，合伙人近50人，专业律师、专利代理师、商标代理人等中坚力量约400人 。

万慧达服务于遍布全球的数千客户，业务覆盖知识产权法律服务的全部范畴，在专利、商标、版权、保护及诉讼等各分支领域均居行业领跑梯队。专业上、地域上的平台优势，使工作团队可以最大化地共享资源，为客户提供全方位一体化的知识产权法律服务。

万慧达的专业优势不仅体现于绝对领先的案件代理数量，更体现于案件的精细操作和创新思维。迄今为止，已有40余起案件被收入最高院公报，或年度知识产权十大案件，或五十件经典案件；另有60余起案件被评为地方市场监管/知识产权局、海关或法院的年度十佳/优秀案件；诸多案件因其行业示范作用备受关注。

基础申请：万慧达每年代理客户进行上万件商标、专利、域名的注册申请、版权登记，以及其他相关的基础申请，并可根据需要，通过马德里体系、PCT或逐一的渠道为知识产权海外保护提前布局。

复杂案件：在商标评审、专利复审及各类诉讼等复杂案件的处理上，万慧达有突出的优势，擅长为客户提供灵活多样的解决方案，通过确权和侵权两种途径的密切配合，全方位、多角度地为客户解决纠纷，其经办多起诉讼案件被评为最高院或地方法院的年度典型案例，或中国外商投资企业协会优质品牌保护委员会年度最佳案例。

综合维权：万慧达擅长综合各种法律手段运作知识产权保护案件，在知识产权调查、申请行政查处、海关保护，以及商标购买、网络侵权打击等方面，凭借高效的信息收集网络，和多样化的保护手段，成功处理了数百起刑事案件、取缔数个全国性的侵权网络，多起案件被国家执法机关或者行业媒体评为年度优秀案例。

特色服务：万慧达致力于协助客户制定和实施全面的知识产权战略，变被动防御为主动部署，并可以提供精准、有效、个性化的知识产权托管服务。此外，商标稽核、专利侵权分析和规避设计、专利应急和预警等服务作为万慧达的招牌产品，亦深得客户青睐。

延伸服务：除专业的法律服务本身，万慧达与知识产权各主管部门和相关的专业媒体、协会组织保持着良好的沟通。与民间智库建立的战略合作伙伴关系，也使客户服务得到更广泛的延伸。

万慧达撰写、编辑或翻译出版了《驰名商标和著名商标的法律保护》、《商标法》（第一、二版）、《中国商标报告》（共十二卷）、《中国专利报告》、《十二国商标法》、《十二国著作权法》、《法国知识产权法典》（第一、二版）、《郑成思知识产权文集——商标和反不正当竞争卷》、《中国商标四十年1978-2018》、《中国商标及不正当竞争案例精要》、《使用对商标保护范围的影响：中欧比较法研究》（法文版）、《国际知识产权发展报告2019》（商标卷）和《国际知识产权发展报告2020》（商标卷）等重要著作，并参与国家知识产权战略的制定、重要知识产权法律法规的制定和修订，以及其他各类专业研讨活动。应世界知识产权组织、国际保护知识产权协会中国分会、欧盟知识产权局、中国-欧盟知识产权项目二期、日本贸易振兴机构等组织或机构的邀请，万慧达参与了诸多知识产权研究项目。万慧达还与多个媒体合作专栏，其中包括《中华商标》杂志的“环球资讯”等等。

万慧达及其专业人员在诸多知识产权行业组织有重要任职，并发挥着积极的影响力，其中包括中华商标协会副会长、中国版权协会理事、国际商标协会董事会成员以及多个专业委员会的委员、国际保护知识产权协会中国分会理事及多个专业委员会的委员等等。

万慧达连续多年在多家国际专业媒体中国区知识产权业务评选中稳居第一梯队，连续多年获得媒体或有关行业协会评选的中国杰出知识产权诉讼团队、最佳律所、十佳律所、优秀商标代理机构、北京市优秀专利代理机构等多项荣誉称号。

万慧达知识产权，专业创造可能，沟通成就品质！

Domestic Language Profile (Mandarin)

万慧达知识产权源于1999年成立的北京万慧达知识产权代理有限公司，总部设在北京；为了解决知识产权专业人员全面发展、满足广大客户更高层次的专业服务需要，2003年，万慧达知识产权团队取得律师执业资格的部分骨干人员，脱离万慧达知识产权代理有限公司，组建了北京市万慧达律师事务所。基于历史渊源以及共同客户不同程序阶段的服务合作，万慧达知识产权代理公司与万慧达律师事务所共享万慧达品牌和商誉，虽相互独立，但协作发展，两个机构的专业骨干共治共管，构建了更为全面、更为专业、更有发展潜力的万慧达知识产权服务联合体。

万慧达知识产权总部坐落在北京，并在上海、广州、深圳、重庆、天津、杭州、苏州、宁波等地设有办公机构。专业团队500余人，合伙人近50人，专业律师、专利代理师、商标代理人等中坚力量约400人 。

万慧达服务于遍布全球的数千客户，业务覆盖知识产权法律服务的全部范畴，在专利、商标、版权、保护及诉讼等各分支领域均居行业领跑梯队。专业上、地域上的平台优势，使工作团队可以最大化地共享资源，为客户提供全方位一体化的知识产权法律服务。

万慧达的专业优势不仅体现于绝对领先的案件代理数量，更体现于案件的精细操作和创新思维。迄今为止，已有40余起案件被收入最高院公报，或年度知识产权十大案件，或五十件经典案件；另有70余起案件被评为地方市场监管/知识产权局、海关或法院的年度十佳/优秀案件；诸多案件因其行业示范作用备受关注。

基础申请：万慧达每年代理客户进行上万件商标、专利、域名的注册申请、版权登记，以及其他相关的基础申请，并可根据需要，通过马德里体系、PCT或逐一的渠道为知识产权海外保护提前布局。

复杂案件：在商标评审、专利复审及各类诉讼等复杂案件的处理上，万慧达有突出的优势，擅长为客户提供灵活多样的解决方案，通过确权和侵权两种途径的密切配合，全方位、多角度地为客户解决纠纷，其经办多起诉讼案件被评为最高院或地方法院的年度典型案例。

综合维权：万慧达擅长综合各种法律手段运作知识产权保护案件，在知识产权调查、申请行政查处、海关保护，以及商标购买、网络侵权打击等方面，凭借高效的信息收集网络，和多样化的保护手段，成功处理了数百起刑事案件、取缔数十个全国性的侵权网络，多起案件被国家执法机关或者行业媒体评为年度优秀案例。

特色服务：万慧达致力于协助客户制定和实施全面的知识产权战略，变被动防御为主动部署，并可以提供精准、有效、个性化的知识产权托管服务。此外，商标稽核、专利侵权分析和规避设计、专利应急和预警等服务作为万慧达的招牌产品，亦深得客户青睐。

延伸服务：除专业的法律服务本身，万慧达与知识产权各主管部门和相关的专业媒体、协会组织保持着良好的沟通。与民间智库建立的战略合作伙伴关系，也使客户服务得到更广泛的延伸。

万慧达撰写、编辑或翻译出版了《驰名商标和著名商标的法律保护》、《商标法》（第一、二、三版）、《中国商标报告》（共十二卷）、《中国专利报告》、《十二国商标法》、《十二国著作权法》、《欧盟知识产权法》（第一、二版）、《法国知识产权法典》（第一、二版）、《郑成思知识产权文集——商标和反不正当竞争卷》、《中国商标四十年1978-2018》、《中国商标及不正当竞争案例精要》、《使用对商标保护范围的影响：中欧比较法研究》（法文版）、《国际知识产权发展报告2019》（商标卷）和《国际知识产权发展报告2020》（商标卷）、威科先行年度实务指引系列——《2023企业法律实务全指引》（知识产权合规部分）等重要著作，并参与国家知识产权战略的制定、重要知识产权法律法规的制定和修订，以及其他各类专业研讨活动。应世界知识产权组织、国际保护知识产权协会中国分会、欧盟知识产权局、中国-欧盟知识产权项目二期、日本贸易振兴机构等组织或机构的邀请，万慧达参与了诸多知识产权研究项目。万慧达还与包括《中华商标》杂志在内的多个媒体合作专栏。

万慧达及其专业人员在诸多知识产权行业组织有重要任职，并发挥着积极的影响力，其中包括中华商标协会副会长、中国版权协会理事、国际商标协会多个专业委员会的委员、国际保护知识产权协会中国分会理事及多个专业委员会的委员等等。

万慧达连续多年在多家国际专业媒体中国区知识产权业务评选中稳居第一梯队，连续多年获得媒体或有关行业协会评选的中国杰出知识产权诉讼团队、最佳律所、十佳律所、优秀商标代理机构、北京市优秀专利代理机构等多项荣誉称号。

万慧达知识产权，专业创造可能，沟通成就品质！

Notable Cases

A selected list of the firm’s recent notable cases includes:

SPC Annual 50 Exemplary Cases (2020): Advising MICHELIN in a trademark infringement suit against a Chinese infringer exhibiting and promoting toys using the “Tire man device”, obtained favourable retrial decision, cessation and damages. The retrial court ascertains that using a figurative trademark as a 3D object constitutes trademark infringement.

SPC Annual 50 Exemplary Cases (2020): Advising ABB in a private criminal prosecution against a fake seller before the trial court and court of appeal, which found exporter Teaton and its owner Zhang guilty of selling counterfeits, sentencing Zhang to 3.5-year imprisonment and imposing fines RMB 800,000 to Zhang and RMB 850,000 to Teaton.

CNIPA’s Top 10 Patent Reexamination & Invalidation Cases (2020): Helping defend the validity of Bayer’s compound patent of blockbuster anticoagulant drug rivaroxaban in an invalidity proceeding. The CNIPA affirmed that the teaching of specific drug structure-activity relationship is pivotal in ascertaining technical motivation for structural modification in the prior art.

Removing the threat of large compensation claim: Advising P&G in fending off unreasonable patent infringement suit initiated by a Chinese patentee claiming whopping damages RMB 100 million before the Shanghai IP Court by having the invention invalidated.

High damages: Representing Wyeth in securing a favourable decision in a civil appeal proceeding against a long-term infringer Guangzhou Wyeth Baby Products Ltd et al. The Court of Appeal upheld the decision rendered by the Trial Court, which found trademark infringement and unfair competition, ordered cessation and granted punitive damages of RMB 30 million and reasonable legal expenditure of RMB 550,000.

High damages: Representing New Balance in prevailing in both instances of a trademark civil suit against the manufacturer, distributor and a local dealer of infringing New Bairin sneakers, which is a slavish copycat of its iconic slanting “N” logo and peculiar trade dress. The Court of Appeal upheld the decision rendered by the Trial Court, which granted permanent injunction, the highest ever damages of RMB 18.2 million and elimination of adverse effects.

Exemplary Cases in IP Protection of Zhejiang Provincial Procuratorate: Representing Stihl in bringing an incidental civil action during criminal proceedings against the counterfeiter before the Court of Yuyao in Zhejiang, which adopted all the recommendations made by the Public Prosecutor and pronounced sentences of prison from two to three years, accompanied by probation periods to take account of the attitude of the defendants. Stihl obtained an amount of RMB 500,000 as damages.

10 Exemplary IPR Cases of Xi’an Intermediate Court (2020): Representing CHANEL in prevailing in the unfair competition suit against a copycat fragrance imitating the iconic trade dress of its N°5 perfume. The Trial Court and the Court of Appeal granted protection over the unique trade dress of CHANEL N°5 perfume, ordered cessation and damages. The infringer adduced an administrative judgment rendered by the Beijing High Court, rejecting CHANEL’s application of a 3D trademark based on the N°5 perfume bottle to challenge the distinctiveness of the trade dress, which was dismissed by the Court of Appeal.

Notable Cases

A selected list of the firm’s recent notable cases includes:

SPC Top 50 Cases: Representing a major player in wedding photograph shooting business in reversing unfavourable CNIPA and court decision invalidating its registered trademark “Chinese transliteration of Milan” in class 41. The court of appeal found that the trademark had acquired secondary meaning through extensive use and is unlikely to cause confusion, thus maintained the registration.

SPP Exemplary Cases: Representing a major distillery in attending the prosecutorial protest proceeding lodged by a trademark infringer challenging an administrative punishment decision made by the authorities against the latter’s local seller. Under the auspices of the procuratorate, a settlement agreement was signed. The infringer agreed to make its trademark distinguishable from the client’s registered trademark in actual use and both parties entered into trademark coexistence agreement and withdrew all the pending civil and administrative proceedings.

Representing Mr. Manolo Blahnik in successfully invalidating through retrial proceeding the registration of trademark    filed by a Chinese squatter in class 25 in 1999, based on the designer’s name right and bad faith of the registrant. The case exhausted almost every remedial route, including opposition, review of opposition and two instances of administrative suits, invalidation and the ensuing administrative suits, which all failed. The retrial decision turned the table for the client in its decades-long battle against the copycat trademark.

Exemplary Cases of Hangzhou Procuratorate: Representing a trade secret owner in the criminal prosecution proceeding against an employee seeking to misappropriate and patent its trade secret. The defendant was sentenced to 4-year imprisonment and fined RMB 800,000. The courts affirmed that even if each constituent technique of the trade secret has been disclosed, the said trade secret shall be deemed as unknown to the public in its entirety, provided that the combination of the technique has yet been made public.

Representing the patentee in successfully defending the validity of its medical use patents and obtaining favorable court decisions, cessation and damages of RMB 800,000 in patent civil suits. This is the first parallel administrative and civil proceedings involving chiral drug medical use patents before the SPC.

Representing Bayer in a patent administrative enforcement action against two Chinese infringers offering for sale its patented drug, obtaining favorable administrative decisions from the Nanjing IP Office. The trial Court and the SPC unanimously upheld the original decisions in the ensuing administrative suits. The SPC clarified several key issues, including whether offering for sale hinges on the availability of the patented drug, whether a disclaimer from the infringer creates exemption from infringement liability, and whether Bolar exemption applies to offering for sale.

Top 10 Cases of Zhejiang Courts: Representing the Chinese OEM manufacturer of a leading German welding equipment supplier whose founder owns registered trademark Stahlwerk in Germany, in winning the trademark infringement retrial initiated by an ex- business associate and bad faith squatter of Stahlwerk trademark in China. The retrial application was dismissed on the ground that the execution of trademark right is unjustified and breaches the good faith principle.

Notable Cases

A selected list of the firm’s recent notable cases includes:

• Representing Mr. Manolo Blahnik in successfully invalidating through retrial proceeding the registration of trademark “MANOLO&BLAHNIK马诺罗·贝丽嘉” filed by a Chinese squatter in class 25 in 1999, based on the designer’s name right and bad faith of the registrant. The client went through opposition, review of opposition, invalidation and the ensuing administrative suits, but to no avail. The retrial decision turned the table for the client in a decades-long battle against the copycat mark. The case has been selected by the SPC’s Annual Report on Intellectual Property Cases 2022.
• Representing Ningbo Dechang in successfully fending off the unfair competition suit brought by JOHNSON ELECTRIC INDUSTRIAL MANUFACTORY, LIMITED. The Ningbo Intermediate Court dismissed all the requests of the plaintiff including immediate cessation of using the litigious trade name “德昌” (Dechang in Chinese) and jointly and severally indemnify damages and reasonable expenses of RMB 100 million. The plaintiff appealed before the Zhejiang High Court and lowered the claim of damages to RMB 30 million. The Court of Appeal upheld the decision of the trial court and ruled in favor of the client. The case has been selected to be included in the Top 10 Innovative IP Judicial Protection Cases of the Ningbo Courts.
• Obtaining for the client permanent injunction and damages of RMB 30 million for the defendants’ use of the infringing “淮海” mark during the period preceding its invalidation, when the trademark was still valid. The Chongqing Court found that the exception of non-retroactivity provided by Article 47 of the Trademark Law did not apply since the owner of the invalidated trademark was the infringer itself. The court thus concluded that the business activity which retroactively has become infringing, could be sanctioned by an award of damages in favor of the plaintiff.
• Obtaining for the client the revocation of “千页豆腐” (thousand-layer tofu) trademark registered by a Chinese food producer in class 29 in 2013. The court of appeal affirmed that the trademark has degenerated into a generic name of tofu and tofu varieties when the revocation application was filed. The case has been selected to be included in the Beijing High Court Top 10 Trademark Cases in 2022.
• Representing the patentee in successfully defending the validity of the client’s medical use patents and obtaining favorable court decisions, cessation and damages of RMB 800,000 in the patent civil suits. This is the first parallel administrative and civil proceedings involving chiral drug medical use patents before the SPC. The case has been selected as SPC’s 50 Exemplary IP Cases of 2022.
• Representing Bayer in a patent administrative enforcement action against two Chinese infringers offering for sale the client’s patented drug rivaroxaban, obtaining favorable decisions from the Nanjing IP Office. The infringers appealed all the way to the SPC but to no avail. The SPC used this case to clarify several key issues, including whether offering for sale hinges on the availability of the patented drug, whether a disclaimer from the accused infringer creates exemption from infringement liability, and whether the Bolar exemption applies to the act of offering for sale. The case has been selected as SPC’s 50 Exemplary IP Cases of 2022.
• Representing trade secret owner Soundking in securing injunction, damages of RMB 3.6572 million and reasonable expenses of RMB 220,000 from four former employees and their associated company, which were engaged in misappropriation of Soundking’s trade secrets.
• Representing the patentee of an invention patent relating to a hemostatic clamp in winning a patent infringement suit against an infringer manufactured and sold infringing disposable hemostatic clamps, obtained cessation and damages. The case has been listed by Zhejiang High Court as one of the “Top Ten Intellectual Property Cases of Zhejiang Courts in 2021”.
• Representing a trade secret owner in the criminal prosecution proceeding against an employee seeking to misappropriate and patent the said trade secret. The defendant was sentenced to 4-year imprisonment and fined RMB 800,000. The courts affirmed that even if each constituent technique of the trade secret has been disclosed, the said trade secret shall be deemed as unknown to the public in its entirety, provided that the combination of the technique has yet been made public. The case has been selected as one of the Hangzhou Procuratorate Exemplary Cases in 2021.