Department Profile
The Intellectual Property Legal Affairs Department is one of the top ten professional departments of Guangdong Jintang Law Firm. The team has rich practice in intellectual property litigation, intellectual property management, intellectual property value utilization, trade secret protection, ITC337 investigation, standard essential patent anti-monopoly, and international legal issues related to intellectual property, providing professional legal services to enterprises, individuals, government agencies, and other institutions in related fields.
The Intellectual Property Legal Affairs Department has professional practitioners from well-known law schools at home and abroad, such as Jilin University, Shenzhen University, and Northwest University of Political Science and Law. They have a profound legal background and rich experience in litigation and non litigation, especially in civil and criminal judicial protection of intellectual property. They can provide comprehensive legal services centered on intellectual property to clients.
Service Areas
Business Domain
Ø Unfair competition disputes
Ø Dispute over infringement of enterprise name (trade name) rights
Ø Patent ownership dispute
Ø Trademark ownership dispute
Ø Copyright ownership dispute
Ø Brand Protection
Ø Font size protection
Ø Copyright protection
Ø Patent protection
Ø Trademark protection
Key clients of the team
Huawei Technologies Co., Ltd., Honor Terminal Co., Ltd., Siemens (China) Co., Ltd., Tencent Music Group, Li Ning Sports (Shanghai) Co., Ltd., Legrand Intelligent Electric (Huizhou) Co., Ltd., Shenzhen Kaimujin Technology Co., Ltd., Shuke Electronics Co., Ltd., Zhongjin Steel Research Co., Ltd., and ORIX China Co., Ltd.
Advantages of Service Content
1、Committed to intellectual property litigation, combined with the advantages of criminal justice protection of intellectual property, we aim to solve the biggest market pain points of long intellectual property protection cycles and insufficient deterrence.
2、Comprehensive and personalized analysis of enterprise intellectual property consultation, and based on the analysis results, identify enterprise intellectual property issues, guide the development path and measures of enterprise intellectual property.
3、Carry out dual line construction of intellectual property strength and risk control, promote the conversion of customer intellectual property assets into commercial value, and promote the development of enterprise operations through intellectual property.
4、According to the intellectual property policies of the country, Guangdong Province, Shenzhen City, and various districts, implement intellectual property government policy work to create intellectual property honors, qualifications, and reward value for client enterprises.
5、Based on the global intellectual property competition situation and the intellectual property risks in the Central, American, and European regions, implement overseas intellectual property risk warning and monitoring for enterprises, and explore cooperation mechanisms for overseas intellectual property risk control.
Classic Case（1）
Case Name: Plaintiff Hua X Technology Co., Ltd. v. Defendant Ju XX Electronics Co., Ltd. for Unfair Competition Dispute.
Case summary ：
The plaintiff is a globally leading ICT (Information and Communication Technology) infrastructure and intelligent terminal supplier with high visibility. The defendant, without permission, promoted and sold infringing products with the plaintiff's similar trademark logo and abbreviated company name on the e-commerce platform operated by Zhejiang Tmall Network Co., Ltd. The plaintiff believes that the defendant's infringement has caused great commercial losses to the plaintiff, greatly damaged the reputation of the plaintiff and its brand, and also caused great harm to the legitimate rights and interests of consumers. At the same time, it has disrupted the normal market competition order. Therefore, the plaintiff has filed a lawsuit with the court, requesting that the defendant cease the infringement and compensate the plaintiff for economic losses and reasonable rights protection costs.
Difficulties in the case：
The defendant believes that it only stated "applicable" in the product title, without malicious intent to cling to the plaintiff's reputation and popularity. It is only for the convenience of consumers searching for products that match their own brand, and will not cause confusion for consumers, and does not constitute infringement.
Case representation strategy:
Using tables and other methods, combined with text and images, explain to the court the situation of infringing products among the defendant's operators, and submit an identification report, comparing in detail the differences and disparities between the plaintiff's products and the defendant's products. In addition, precedents of unfair competition cases across the country have been compiled to demonstrate to the court that the defendant's behavior constitutes typical unfair competition.
Case handling result:
After the first and second trials, the court found that the defendant's actions constituted unfair competition, and we fully won the lawsuit.
Classic Case（2）
Case Name: Plaintiff Dongguan XX Company v. Defendant Shenzhen XX Company Patent Dispute Case.
Case Summary:
The plaintiff, Dongguan XX Company, is the patent holder of a well-known chip that is favored by a large number of customers. However, the plaintiff found that a product sold by the defendant, Shenzhen XX Company, is very similar to the plaintiff's patented product and infringes on the plaintiff's patent rights. Therefore, the plaintiff entrusted our firm to file a lawsuit with the Shenzhen Intermediate People's Court, requesting that the defendant cease the infringement and compensate the plaintiff for economic losses and reasonable rights protection costs.
Difficulties in the case:
At present, the chip numbers on the market only consist of a combination of letters and numbers, making it difficult to intuitively identify the chip in question as the specific product targeted by the patent.
Case representation strategy:
1. After disassembling the chip involved in the case, technicians will enlarge and take photos of various parts related to technical features such as sensors, resistors, motors, isolation walls, resistor vacancies, motor vacancies, glass sheets, etc., and mark them to form an electronic file of patent feature decomposition.
2. Further search for brochures or websites that can point to patented chips corresponding to the disputed chips.
3. Adhere to and implement the strategy of "litigation and mediation at the same time, using litigation to promote mediation", hold four court sessions, and negotiate settlement plans with the defendant multiple times.
Case handling result:
After trial by the Shenzhen Intermediate People's Court and the Supreme People's Court, the fact of the defendant's infringement has been confirmed, supporting our lawsuit request. The defendant has been ordered to cease the infringement and compensate the client for economic losses.
