Shanghai

• Administrative and regulatory
• Appellate
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• Financial services regulatory: Contentious
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• Patent contentious
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• Plaintiff/claimant
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• Professional liability
• Trade and customs
• Trademark contentious
• Trusts and estates

Qi XUE
Manager Partner, Lawyer, Patent Attorney, Trademark Attorney, Technical Agent, Copyright Agent
law@beshininglaw.com; xueqi@beshininglaw.com

Weibin WANG
Senior Partner, Lawyer, Patent Attorney, Trademark Attorney
law@beshininglaw.com; wangweibin@beshininglaw.com

Recent case highlights:

1. Our firm represented the patentee Zhongyu Electronic (Shanghai) Co., Ltd. and won in the end, experiencing three lawsuits, four rounds of patent invalidation, four rounds of judicial appraisal during three years. It was listed in the top 11 patent infringement cases of The Supreme People’s Court in 2012.

2. In a patent invalidation case against a well-known Japanese pharmaceutical company limited, our firm represented the patent invalidation requestor Zhejiang Yongning Pharmaceutical Co., Ltd., and eventually won the trial (held by The Supreme People’s Court) after 6 years’ battle. In the meantime, our firm also helped Zhejiang Yongning Pharmaceutical Co., Ltd. win the lawsuit of patent infringement litigation filed by the above-mentioned Japanese company.

3. Our firm represented the respondent Shanghai Zhaobang Electric Facility Co., Ltd. in this case. After accepting the entrustment, we used forceful evidence and rigorous narration to clarify the facts in the first and second instance, which was supported by the court. In the retrial, we successfully requested the Supreme People’s Court to reject the retrial petition after putting forward a powerful statement of opinions.

4. Our firm, on behalf of the third party, went to the Supreme People’s Court to participate in the administrative litigation of patent invalidation. The plaintiff is adept in the field of life science and materials science, with many manufacturing sites and branches in China. The intellectual property rights of patent involved in this case is owned independently by the third party and the technical background is complicated. Our firm, on behalf of the third party, given our legal opinions on the key points of patent technology in the court and played an important role. Finally, we won in the first and second instance.

5. Our firm, on behalf of the third party, went to the Supreme People’s Court to participate in the administrative litigation of patent invalidation. The third party is the most prominent Chinese liquor brand with great influence. The third party has independent intellectual property rights, and the patent case concerning technology is complex. This case was tried in the Supreme People's Court. Our firm, as the agent of the third party, stated our legal views on the key points of relevant technology in the court and played an important role. Finally, we won the lawsuit.

6. Our firm represented the plaintiff who is a Taiwanese company and the owner of the software copyright. The defendant copied the plaintiff’s software products and sold them to the clients of the plaintiff without authorization which severely infringed on the interests of the plaintiff. Our firm, on behalf of the plaintiff, helped the client win the first and second instance. It was quite difficult for us to obtain evidence due to the well-concealed infringement act. We argued strongly in the absence of enough evidence, and won the lawsuit in the end through forceful argument and excellent performance, which made our client very satisfied.

7. Our firm represented the plaintiff Shanghai ATOM Cutting Machine Co., Ltd. (a subsidiary of ATOM S.P.A which is a celebrated Italian cutting machine company with an over-50-year history and enjoys a high reputation in the world). We helped our client win a compensation of ¥100,000 and the respondent was unable to use ATOM as its business name. The defendant refused to accept the judgement and then lodged a retrial with The Supreme People’s Court. We, on behalf of Shanghai ATOM Cutting Machine Co., Ltd., had achieved the final victory.

8. Our firm, on behalf of the defendant Shanghai Yinjia International Trade Co., Ltd., successfully fought against a series of lawsuits filed by an American high-tech company which involved 3 patents for invention and 6 products and we helped the client come to a settlement with a favorable amount of settlement money.

9. Our firm, on behalf of the plaintiff who is a Shanghai biological and pharmaceutical company, won a lawsuit of administrative litigation of patent invalidation.

10. Our firm represented the patentee-a Jiangsu pharmaceutical company, succeeded in maintaining the validity of patentee’s patent in a patent invalidation case. This case was the first domestic patent invalidation case filed based on the reason of not complying with the provisions of confidentiality examination of Chinese Patent Law in the field of chemical engineering and pharmaceutical industry.

11. Our firm helped our client-a Shanghai company which focuses on the research and development of new drugs and chemical materials win all cases of patent ownership disputes, trade secret disputes and patent invalidation disputes.

12. Our firm conducted an FTO investigation of biosimilars for an Australian pharmaceutical company and comprehensively analyzed 107 granted patents and patent applications concerning active pharmaceutical ingredients, preparations with active pharmaceutical ingredients, upstream and downstream manufacturing processes. We had established a professional team of 8 people for the project and within a month, issued an analysis report with over 250 pages in English to expound possible infringement risks when the said company produces, uses, offers to sell, sells or imports targeted products in China and put forward reasonable suggestions to avoid the aforementioned risks.

13. Our firm had established a professional team of 18 people to help a medical device company to carry out intellectual property due diligence prior to the investment. We comprehensively analyzed patent protection status of the products launched by the said company and went on an FTO investigation on the products within the scope of listing area in a month. Finally, our client successfully completed the investment due to our assistance.

14. Our firm carried out a global FTO investigation of a new preclinical drug compound for a Shanghai pharmaceutical company to avoid infringement risk.

15. “LUO TIAN YI” is a virtual idol produced by an information technology company. The applicant of the mark in question has applied for the trademark “Luo Tianyi” in class 32 in bad faith. The opposer entrusted our firm to file an opposition against the trademark in question. We argue that the Chinese name of “Lou Tianyi” （洛天依）is not a common phrase. It is designed by the opposer as the unique name of the v-singer. After years of development, the connection between Lou Tianyi and the image of the v-singer has been established. The trademark in question is detrimental to the opposer’s prior rights of the character name “Lou Tianyi” and the merchandising rights in accordance with the Article 32 of the Chinese Trademark Law. The trademark in question is cancelled in the opposition decision by citing the Article 32 of the Chinese Trademark Law.

The virtual idol “Lou Tianyi” has been produced for years and has required abundant work over these years. As one of the most beloved V-singer, “Lou Tianyi” has given several concerts. She is also the endorser of many famous brands in China. Therefore, “Lou Tianyi” is now far more than just a virtual idol, she is of great business value and has more than 2.56 million fans in China. Since “Lou Tianyi” is created and produced by the opposer, the huge commercial opportunity and business value behind it shall also belong to the opposer, and shall be well protected. Although the “virtual economy” has now achieved great development in China, the legislation as well as the judicial practices show little attention to the rights of the virtual singers. This case is quite exemplary and innovative in affirming the merchandising rights and character name rights of a virtual idol, which to some extend expands the scope of the protection of the character name, since “Lou Tianyi” is not a character from a work of literature or art.

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