Jason Wang

Partner
Litigation & Dispute Resolution

Primary office

Beijing

Practice focus

Litigation & Dispute Resolution

Trademark

Unfair Competition

Domain Name

Copyright

Experience

Mr. Wang obtained his Juris Master degree from Capital University of Economics and Business, and joined the firm in 2004.

In the past decade, Mr. Wang has successfully obtained well-known mark recognitions before the CNIPA and courts for various worldwide famous brands in the Internet, motorcycle, musical instrument, hospitality, and other sectors.

Mr. Wang has also won various high-profile trademark cases, copyright cases, and other IP cases, including retrial cases before China Supreme Court. Among which, Mr. Wang successfully represented a client to win two retrials of the Duck King case, for which the second retrial case before China Supreme Court was recognized as a “China Courts Top 10 Innovative IP Case” (2013).

Mr. Wang also represented an international giant in a jurisdiction challenge and trial case involving a high-profile patent royalty dispute and a related anti-trust dispute respectively, where the appellate cases were recognized as a “China Courts Top 10 IP Cases” and “China Courts Top 50 Typical IP Cases”,“Managing IP 2013 Global Top 10 Cases”, as well as “China Courts Top 10 Hot Issue Cases”. In addition, various trademark cases represented by Mr. Wang have been recognized as “Shunde Court Top 10 IP Cases” (2008-2012), candidate for recognition as “Guangdong Courts Top 10 IP Cases”), and “Beijing Courts Top 43Typical Trademark Cases” of court appeals.

Mr. Wang has handled thousands of trademark prosecution matters before the CNIPA, hundreds of trademark court appeals and infringement lawsuits before Beijing courts and other various courts, as well as administrative complaints before local administrative authorities for Fortune 500 companies and leading multinationals. Mr. Wang has also handled various other IP-related matters such as domain name disputes before CIETAC and ADNDRC, unfair competition lawsuits and copyright infringement lawsuits before courts.

Work Highlights

  • Won a very high profile, challenging, procedurally complicated, and unprecedented retrial case representing a restaurant before Beijing High Court and China Supreme Court, respectively. Mr. Wang successfully assisted the client in initiating the re-trial process via a unique route prescribed under the law by persuading China Supreme Procuratorate to docket the case and protest against the China Supreme Court. The China Supreme Court proceeded to order the Beijing High Court to hear the retrial case. After Beijing High Court rendered a favorable re-trial decision for the client by reversing the first and second instance court decisions, Mr. Wang also successfully defended the adversary’s request for re-trial before the China Supreme Court. The re-trial decision rendered by the China Supreme Court further clarified and improved its judicial interpretations. The second re-trial before the China Supreme Court was recognized as one of the “China Top 10 Innovative IP Cases” (2013), selected out of over 110,000 IP court decisions around China in 2013.
  • Won a trademark retrial case for a U.S. lifestyle clothing company, before the China Supreme Court, which was recognized in the Annual Report on Intellectual Property Cases of China Supreme Court (2017). This case is acknowledged as a guiding case for court proceedings in trademark adjudication.
  • Won the trademark infringement and unfair competition case before the Guangdong High Court and Shenzhen Intermediate Court, representing a world-wide famous Internet search engine and portal. The courts ordered the defendant to cease the trademark infringement, change the trade name with the local AIC, and pay damages of approximately US$ 66,000. This case was selected as a candidate for recognition as a Top 10 IP Case (2012) handled by Guangdong Courts.
  • Won four trademark infringement, copyright infringement and unfair competition lawsuits before Shunde District Court of Foshan City, representing a leading global standard setting organization. This case has been reported by People’s Court Newspaper managed by the China Supreme Court, which is the largest and most authoritative judicial newspaper in China. This case was listed as the TOP 10 IP Case (2008-2012) handled by Shunde Court among over 1,400 IP cases. This case involved a newly emerging type of online IP rights infringement.
  • Won a trademark infringement case before the Beijing First Intermediate Court and the Beijing High Court, representing a NASDAQ listed U.S. online travel information provider.
  • Won a trademark infringement case before the Beijing First Intermediate Court, representing a leading global translation company.
  • Successfully defended client in a trademark infringement case before Shenzhen court, representing a famous multinational hard drive manufacturer, where the Plaintiff had claimed damages of US$ 250,000 but the court found non-infringement.
  • Won two trademark infringement lawsuits and successfully settled a trademark infringement and unfair competition lawsuit before the Shenzhen Intermediate Court, representing a Fortune 500 company and famous IT company. The defendant ceased infringement and changed its trade name with local AIC. This case involved hotly debated issue of conflicts between trade name and trademark registration.
  • Successfully settled a copyright infringement lawsuit before the Haizhu District Court of Guangzhou City, representing a U.S. fashion industry company against a Chinese company. This case mainly involved issues of complicated process of evidence collection on infringing works and evidence collection proving ownership of works in electronic form.

Publications

  • Wechat Domain Name Case: Why Does Tencent Prefer Hong Kong Arbitration? (2016).
  • Wechat Domain Name Dispute Decision: Do You Understand? (2016).
  • Law Application of Absolute Ground of” Other Adverse Effect”(2016).
  • Corresponding Relationship Between Chinese Marks and English Marks (2015).
  • Determination of Similarity of Goods and Services Related to Real Estate (2015).
  • Relationship Between Paragraph 3 of Article 59 and Latter Part of Article 32 of the Chinese Trademark Law (2014).
  • Weight of Evidence of Trademark Registration Certificate and Trademark Gazette in Determining Copyright Ownership (2014).
  • Protection for Prior Copyright in Trademark Disputes (2014).
  • Trademark Distinctiveness Affects the Determination on Bad Faith Filing (2014).
  • “Duck King in Chinese “Retrial as China Courts Top 10 Innovative Ip Case (2013).
  • Starting Date Calculation for Three-Year Non-Use Cancellation (2013).
  • Judgment on “Preemptive Registration by Unfair Means” in Article 31 of the Chinese Trademark Law (2013).
  • Conflict Between Enterprise Name and Prior Trademark – Comment and Analysis on Article 58 of the Chinese Trademark Law 2013 (2013).
  • Analysis and Comment on Well-Known Marks In Internet Field (2012).
  • Duck King Case: Harmonization of Prior Rights Protection and Marks with High Fame (2011).
  • Restrictions on Disclaimer of Trademark’s Partial Exclusive Rights (2011)
  • Forms of the Conflicts Between Trademark Registration and Trade Name (2010).
  • Solution Principles of Conflicts Between Trademark Registration and Trade Name (2009).
  • Assignor and Assignee in Trademark Administrative Dispute Procedure (2008).
  • Special Protection of Well-Known Mark and Famous Mark (2008).
  • Could Catch-All Provisions In Trademark Filing Really Catch “All”? (2008)Discussion on Well-Known Mark of Tsing Hua University (2007)
  • “Other Detrimental Influence”Provision and Good Faith Principle In Trademark Filing (2007).
  • Legal Effects of License of Unregistered Trademark (2006).

Presentations

  • “Online Dispute Resolution in the Internet+ Era” Seminar Co-Hosted by the China International Economic And Trade Arbitration Commission, Online Dispute Resolution Center (CIETAC ODRC)
  • 2014 U.S. And China IP Dialogue Seminar Co-Hosted by the Gao Lulin Foundation and the Silicon Valley Intellectual Property Law Association (SVIPLA).

Education

  • Juris Master Degree, Capital University of Economics and Business
  • Bachelor’s Degree, Beijing International Studies University

Admissions

  • PRC Attorney-At-Law

Languages

  • Mandarin Chinese (native)
  • English (fluent)

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