• IP LITIGATION AND ENFORCEMENT

ZY Partners has a prominent IP litigation practice as a result of the remarkable track record of our lawyers over the past decades. We are committed to serving the best interests of our clients through consistently workable solutions and out-of-box ideas and strategies. We perceive ourselves as reliable partners to our clients in solving the problems they deal with in China.

Our firm has recognized experiences in conducting IP trials and appellate work in the areas of patents, copyright, trademark, unfair competition and trade secrets. All partners of the firm are experienced IP litigators. They have been in the China IP circle for around 20 years, and still vigorously litigating in Chinese courts nationwide to protect our clients’ interests in some very complicated situations. Quite a few of our partners, lawyers and paralegals had working experiences in courts or the SIPO. Their familiarity with court procedures and judges’ way of thinking has greatly helped case strategizing and preparation in the right direction and ensured the efficiency of our advocacy at court hearings.

With the support of technical background in various technical areas of our litigators, our litigation team has unparalleled experience and unique abilities in handling complex IP litigations and technology-related matters inChina. Quite a few of our cases have been published as guiding precedents by the Supreme People’s Court, the Beijing High Court and courts in other parts of China.

Thirteen of our talents have technical background in a diversity of technical areas, and 7 of them are double-qualified attorneys-at-law and patent attorneys. Our patent litigators can well understand technical issues, and with their litigation skills, play a vital role in converting and simplifying technical details into subjects that can be easily delivered to judges with no technical background.

We have close working relations with a few Chinese labs and appraisal institutes who can produce testing reports and expert opinions to form prima facie evidence for patent cases. In some patent lawsuits, our lawyers worked closely with experts to evaluate and perfect testing protocols. Such ex parte testing data and expert opinion are helpful to prevent a court appointed appraisal from prejudice.

ZY has rich experiences in effectively co-counseling with client’s patent attorneys who prosecuted the asserted patents, in patent infringement cases and associated invalidation cases. With their respective focuses, ZY taking lead on the litigation front and the patent attorney focusing on technology and invalidation part, such approach is proved effective.

We have notable trademark litigation practice. Each year, our trademark team handles more than 100 cases in courts of Beijing, Shanghai and around the country. We have successes in obtaining from the Supreme People’s Court and courts in Beijing favorable recognitions or clarifications on some critical issues in trademark practice. Such issues include the similarity of goods/services, the likelihood of confusion, the recognition of well-known mark status, the protection of merchandising right and the right of name.

We have handled a number of high profile copyright lawsuits including representing international music companies to sue the major Chinese search engines Baidu, Sohu and Thunders. We successfully defended our client against copyright infringement allegation by Founder, a Chinese technology company, involving the font of Chinese characters. We have helped our client in complex copyright infringement cases concerning software embedded in hardware devices.

We have rich experience in assisting our clients protect their trade secrets against former employees’ unfair competition acts. We also help our clients on anti-counterfeiting enforcement through customs border protection, criminal prosecution, administrative actions and civil actions.

Our attorneys are frequently asked to advice on cross-border licensing in the areas of telecommunication and electronics. We have special expertise to advise our clients on how to resolve technical and commercial complexities in the China business context.