Wanhuida Intellectual Property > Beijing, China > Firm Profile
Wanhuida Intellectual Property Offices
YIYUAN OFFICE BUILDING, FRIENDSHIP HOTEL
NO 1 SOUTH ZHONGGUANCUN STREET, HAIDIAN DISTRICT
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Wanhuida Intellectual Property > The Legal 500 RankingsWanhuida Intellectual Property, which is comprised Wanhuida IP Agency and Wanhuida Law Firm, is best-known for its work in trademarks, though its patent practice has developed over recent years. The contentious side of the practice is where the group really shines; in 2021 the firm represented world-renowned names such as Bayer AG, Michelin and New Balance in both criminal and civil litigation proceedings relating to counterfeit goods, figurative trademarks and pharmaceutical patents. Gang Bai leads the team and is one of the market’s most experienced practitioners, while Haiyan Ren specialises in trademark and design patent applications as well as litigation. At the junior end, associate Yuming Wang regularly assists international companies in liaising with the Beijing IP office.
Other key lawyers:
Hui Huang; Haiyan Ren; S. Sam Li; Jason Yao; Yuming Wang
CHAPTER 4 CORP. (Supreme)
- Advising MICHELIN in a trade mark infringement suit against a Chinese infringer, which exhibited and promoted toys using the “Tire man device”, obtained favorable retrial decision, cessation and damages of RMB 100,000.
- Advising ABB in bringing a private criminal prosecution against a counterfeit seller before the Wuhu Economic and Technological Development Area People’s Court, which found exporter Wuhu Teaton Electric Ltd. (Teaton) and its owner Zhang guilty of selling goods bearing counterfeit registered trademarks.
- Advising Guangzhou Procter & Gamble Co., Ltd. in fending off the patent infringement suit initiated by the patentee, which claimed whopping damages as high as RMB 100 million before the Shanghai IP Court by having the patentee’s invention invalidated.
Wanhuida Intellectual Property > Firm Profile
The firm: Wanhuida Intellectual Property is a leading IP service provider in China. It has two main legal entities, Wanhuida IP Agency and Wanhuida Law Firm, with offices covering all major IP hubs in China. Wanhuida supplies a full range of IP services, from procurement of all forms of IP rights to dispute resolution involving patents, trademarks, unfair competition and other IP-related rights. Over the years, the prosecution team helped clients prosecuting numerous patent and trademark applications and obtaining enforceable patent and trademark rights with high rate of success. The firm has also litigated thousands of cases concerning patent infringement and validity, trademark registration, ownership and infringement, unfair competition, trade secrets infringement, patent ownership and other disputes related to technology and IP, protecting and defending its client’s interests and help advancing China’s legal fronts. Wanhuida focuses on adding value to its clients.
Areas of practice
Trademark: Trademark practice has been the firm’s traditional strength since its creation. In this area, the firm is known to clients and peers for stellar credentials on trademark laws and regulations. This top-notch team has generated a record of firsts and landmark cases in the nation’s trademark prosecution and litigation history. The firm also made frequent contributions to the development of trademark laws in China.
Patent: The firm has some 120 professionals with experience in patent litigation, prosecution and counselling. Some of its patent cases are selected by courts or agencies as exemplary cases. They include cases selected as ‘Guiding Cases of the Supreme People’s Court on IPR Trial’, ‘Annual Report of the Supreme People’s Court on Intellectual Property Cases’, ‘Top 10/50 IPR Cases of the Chinese Courts’ (released annually by the Supreme People’s Court), or ‘10 Exemplary Cases of the Patent Reexamination and Invalidation Department’. These have contributed to patent law development in subjects such as claim construction, claim amendment, inventiveness determination and sufficient disclosure.
Copyright: The firm’s reputation in copyright is on the rise. It is developing top copyright practitioners as the copyright litigation team expands. The firm has recently won copyright cases before the Supreme People’s Court, successfully persuading the court to re-adjudicate erroneous lower court decisions. It has also obtained favourable decisions in various lower courts, obtaining injunctive as well as sizeable monetary reliefs for clients.
Litigation: The firm is at the leading edge of litigations. Each year, its one hundred or so IP litigators litigate hundreds of cases, accumulating abundant experiences with the dynamic practices of courts across China. The firm is at the forefront of frequently litigated issues, such as procedure, jurisdiction, enforcement, evidence admission, burden of proof, and interim reliefs. It litigates both civil and administrative cases before administrative agencies and at all levels of courts. Experience also extends to litigating criminal trade secret cases and arbitration matters.
Investigation and evidence: Obtaining evidence is often a challenge in China. To support litigation and enforcement services, the firm has a team of professional investigators and an extensive network of investigation for evidence gathering. It has had experience in obtaining difficult physical evidence for clients. The firm is also experienced in dealing with technical evidence and electronic evidence and working with third party experts, such as technical appraisal and electronic evidence experts, to address the most challenging evidence issues.
Counseling: The firm advises clients over a broad range of IP matters and provides legal opinions, such as freedom-to-operate (FTO), non-infringement, and validity and patentability assessment. The firm also advises and represents clients in IP transactional matters, such as reviewing, drafting and negotiating licenses and conducting due diligence investigations.
|Patent prosecution||Xiaoling Duanemail@example.com||86 10 6892 1000|
|Patent litigation, Trade secret & Technology-related matters||S. Sam Lifirstname.lastname@example.org||86 10 6892 1000|
|Trademark prosecution||Haiyan Renemail@example.com||86 10 6892 1000|
|Trademark litigation||Hui Huangfirstname.lastname@example.org||86 10 6892 1000|
|IPR enforcement & Due diligence||Zhigang Zhuemail@example.com||86 10 6892 1000|
|IPR enforcement, anti-trust and regulatory matters & Corporate legal matters||Jason Yaofirstname.lastname@example.org||86 10 6892 1000|
|Mr Gang Bai||Founding Partner & Management Committee Chair||View Profile|
|Ms Xiaoling Duan||Partner||View Profile|
|Dr Juris Hui Huang||Partner & Member of the firm’s Management Committee||View Profile|
|Ms Bin LI||Partner & Secretary of the firm’s Management Committee||View Profile|
|Mr Johnson LI||Partner||View Profile|
|Dr Juris S. Sam Li||Partner & a Member of the firm’s Management Committee||View Profile|
|Ms Haiyan Ren||Partner & a Member of the firm’s Management Committee||View Profile|
|Mr Anping Sheng||Partner & a member of the firm’s Management Committee||View Profile|
|Mr Liang Su||Partner & a member of the firm’s Management Committee||View Profile|
|Ms Tiejun Tang||Partner||View Profile|
|Mr Jason Yao||Partner & a member of the firm’s Management Committee||View Profile|
|Mr Bruce Yu||Partner||View Profile|
|Mr Zhigang Zhu||Partner||View Profile|
Staff FiguresNumber of lawyers : 160 at this office : 97
LanguagesChinese English French German Japanese Korean
MembershipsAIPPI AIDV INTA IACC AIPLA IPO CTA Beijing Bar Association Shanghai Bar Association Guangzhou Bar Association Shenzhen Bar Association CSC CIPS MARQUES APRAM (Association des Praticiens des Marques et Modèles) All-China Patent Agents Association (ACPAA)
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…
Domestic language profile
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.
- Intellectual property: PRC firms