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Our reputation in copyright area is on the rise. We are developing top copyright practitioners. Our copyright litigation is expanding. We have recently won copyright cases before the Supreme People’s Court, successfully persuading the court to re-adjudicate erroneous lower court decisions. We have also obtained favorable decisions in various lower courts, obtaining injunctive as well as sizeable monetary reliefs for our clients.


Landmark Cases

SPC IP Report Cases: Representing Futabasha Publishers Ltd. in winning a copyright infringement suit against the infringers that pre-emptively registered its copyrighted Crayon Shin-chan artwork as trademarks and used such on various goods. We successfully persuaded the Supreme Court to order a retrial, which led to the affirmation that a civil litigation can be lodged in China by the copyright owner against the use of a registered trademark. The court found that copyright and the exclusive right to use a registered trademark, are two separate civil rights with their own boundaries. The right owner, when executing his legitimate right, shall not infringe other's lawful rights. The court ordered cessation and awarded damages of RMB 300,000.


Top 10 Cases of Guangzhou IP Court: Representing the client in revoking an administrative punishment decision made by local copyright enforcement agency based on the complaint filed by the copyright owner of a design. The Court of appeal confirmed non-infringement based on the finding that though registered with the copyright office, the said design does not qualify as fine art.


SPC Top 10 Cases: Representing TOPEIGHT in the copyright infringement lawsuit initiated by Queenlines and obtained favorable ruling for the client. The case led to the SPC's affirmation that registration of works that serves as the proof for the ownership of copyright, in general, does not constitute publication as prescribed by the Copyright Law, therefore, it is inappropriate to make the presumption that the defendant has access to the works of the plaintiff unless otherwise proved by evidence.


Representing a reputable online gaming corporation in a high-caliber copyright civil proceeding before the Guangdong High Court, where a rival online gaming company accused the client of infringing copyright over written works, works of fine arts and works created in a way similar to filming when developing and operating an online game, requesting permanent injunction and whopping damages. We negotiated with the plaintiff on the client’s behalf, which led to the conclusion of a mutually satisfactory settlement agreement and the withdrawal of the lawsuit.


Representing Comcast Corporation, the biggest cable operator and second biggest Internet service provider in the US, in successfully invalidating the disputed trademark "Comcast" registered by a Chinese company in class 9, by citing its trade name "Comcast" and its copyright attached to the specific representation of its name. Comcast convinced the Court that the specific representation of its name is sufficiently aesthetic and original thus deserves copyright protection. The court affirmed that simplicity should not be used as a pretext to deny originality and copyright protection.


Representing a multinational technology company in lodging a copyright infringement suit against a local distributor who pre-installed pirated software on computers it sold to customers, obtained permanent injunction and damages of RMB 6.1 million. The Court sided with us on the calculation method of the client's expectation loss caused by the infringer's infringement act, finding that such loss shall be calculated by multiplying the number of the sold computers on which the pirated software was copied and installed, and the market price of the copyrighted software involved.


Representing the client, the exclusive licensee of the cartoon character "Whatcccat" and the artworks thereof in winning a copyright infringement suit against two infringers using image almost identical with the aforesaid copyrighted artworks, obtained cessation and damages of RMB 80,000 (inclusive of reasonable expenses).


Endorsement


Tier 1 PRC firm in both "Intellectual Property Contentious" and "Intellectual Property Non-contentious", 2012 - 2024
 

Outstanding firm (top tier) in intellectual property in China, 2016 - 2023
 

China Domestic Trademarks / Copyright Law Firm Tier 1, 2021 - 2023
 

Intellectual Property: Litigation & Non-litigation (PRC Firms) in China, Band 2, 2019 - 2024

Publications

Copyright Law


Copyright Laws of Twelve Nations


Wolters Kluwer Annual Practice Guide 2023: Corporate Law Practice Guide (Intellectual Property Compliance Chapter)


Collection of International Intellectual Property Protection Exemplary Cases


Guideline of Copyright Protection over Science and Technology Journals


Academic Fraud Prevention Manual - Academic Papers

Testimonials

They are very professional and experienced.

The team has high quality, high efficiency, and outstanding results.

The law firm and its partners have patience and are meticulous, passionate, rigorous and creative with a learning spirit.

We value the trustworthy counselling. They have a reliable operation and great reaction speed.

Excellent knowledge, advice and service.

Fast, pragmatic and to the point, with great technical knowledge and excellent communication in English.