Wanhuida Intellectual Property

WTR Research

The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise.

Gold - Firms: enforcement and litigation

Gold - Firms: prosecution and strategy

“The go-to firm for high profile technical cases,” Wanhuida Intellectual Property offers “flexibility and agility, on top of tailor-made services through a team dedicated to clients’ business constraints”. “Extremely client-oriented with an almost around the clock availability, the firm has a very good communication style that is adapted to Western sensitivities with very thorough services. They are very supportive in the distance and also when travelling to China. They have become our close and reliable allies in China to the point of working almost like in-house counsels for us. The only downside is obviously price[LR1] .” The IP boutique boasts 90 trademark attorneys spread across nine major IP hubs in China, including newly established offices in Tianjin and Chongqing. Founding partner Gang Bai oversees the set while Jack Su leads the Shanghai office. “Very experienced in trademark-related litigation,” Hui Huang recently represented Lacoste in trademark invalidation proceedings before the Supreme People’s Court with Bai to reaffirm well-known status of its crocodile brand. “Dr Huang is a multifaceted IP counsel with stellar academic credentials on China’s trademark legislation and practice. Having represented clients on all levels of Chinese courts in a wide variety of IP litigation matters, he is a veteran lawyer.” Jason Yao splits his time between Hong Kong and Shenzhen and recently succeeded in a trademark infringement and unfair competition lawsuit against an infringer for Luk Fook Holdings Limited, securing a court injunction and damages of Rmb6 million. “Jack has a very good understanding of Chinese laws and regulations. He fully understands our business needs and always tries to create new solutions to solve different types of challenges.”

Firm Profile

Wanhuida Intellectual Property is a leading IP service provider in China. It has two main legal entities: Wanhuida IP Agency and Wanhuida Law Firm. The firm is now home to some 450 employees working exclusively in the field of intellectual property. Many of its practitioners are recognised leaders in their respective fields. Their expertise has been honed in a wide range of positions, from private practice and in-house counselling to government services in courts, police departments and administrative agencies.

Our professionals have broad and deep experience. Over the years, they have cumulatively litigated over thousands of IP cases in courts all over China, prosecuted tens of thousands of patent applications, and filed hundreds of thousands of trademark registrations. Many of the cases are first of their kind. They are recognised by industries, courts and administrative agencies as exemplary cases for their legal significance.

Wanhuida’s trademark practice has been very strong since the firm’s creation. In this area, we are known to clients and peers for our stellar credentials on trademark laws and regulations. Our top-notch practice team has generated a record of firsts and landmark cases in the nation’s trademark prosecution and litigation history. We also make frequent contributions to the development of trademark laws in China.

In the patent area, we have some 120 professionals with experience in patent litigation, prosecution and counselling. Their diverse backgrounds add to our strength in understanding our clients and the Chinese system, and in delivering services to our clients effectively. Some of our patent cases have been selected by courts or agencies as exemplary cases. They include cases selected as Guiding Cases of the Supreme People’s Court on IP Rights Trial, Annual Report of the Supreme People’s Court on Intellectual Property Cases, Top 10/50 IP Rights Cases of the Chinese Courts and 10 Exemplary Cases of the Patent Re-examination Board. These cases have contributed to patent law development in subjects such as claim construction, claim amendment, inventiveness determination and sufficient disclosure.

Our reputation in the copyright field is rising and we are developing a team of top copyright practitioners. Our copyright litigation practice 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 favourable decisions in various lower courts, obtaining injunctive as well as sizeable monetary reliefs for our clients.

We are at the leading edge of litigation. Each year, our 100 or so IP litigators tackle hundreds of cases, accumulating abundant experiences with the dynamic practices of courts across China. We are at the forefront of frequently litigated issues, such as procedure, jurisdiction, enforcement, evidence admission, burden of proof and interim reliefs. We litigate both civil and administrative cases before administrative agencies and at all levels of courts, focusing on more developed areas. Our experience also extends to litigating criminal trade secret cases and arbitration matters. We have litigated over 30 cases selected in the Supreme People’s Court Gazette or among the court’s annual 10/50 exemplary cases in China. Some of our cases involve parallel litigations in China and other jurisdictions.

Obtaining evidence for enforcement is often a challenge in China. To support our litigation and enforcement services, we have a team of professional investigators and an extensive network of investigation for evidence gathering. We have experience in obtaining difficult physical evidence for our clients. We are 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.

We advise our clients on a broad range of IP matters, including strategy, and provide legal opinions, such as freedom-to-operate opinions, non-infringement opinions, and validity and patentability assessment. We also advise and represent clients in IP transactional matters, such as reviewing, drafting and negotiating licences and conducting due diligence investigations.

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