Wanhuida Intellectual Property

China

Address:
Yiyuan Office Building,
Friendship Hotel
Beijing No 1 Zhongguancun Street South
China
100873

+86 10 6892 1000

+86 10 6894 8030


Wanhuida Peksung is a leading IP service powerhouse in China. It has three main legal entities, Wan Hui Da Law Firm, Wan Hui Da IP Agency and PEKSUNG IP Ltd. The merger with PEKSUNG in November 2016 was a milestone in the development of this IP powerhouse. It now is the home for over 400 IP professionals and a total of some 500 employees with presence in all major IP hubs in China, with offices in Beijing, Shanghai, Guangzhou, Ningbo, Suzhou, Xiamen, Kunming, Shenzhen and Hong Kong and liaison offices in San Diego, Paris and London. It operates under a single leadership team headed by senior partners.

Wanhuida Peksung supplies a full range of IP services, from procurement of all forms of IP rights to dispute resolution involving patents, trademarks, unfair competition and other IP-related rights. Over the years, our prosecution team helped clients prosecuting numerous patent and trademark applications and obtaining enforceable patent and trademark rights with high rate of success. We have also litigated thousands of cases concerning patent infringement and validity, trademark registration, ownership and infringement, unfair competition, trade secrets infringement, patent ownership and other disputes related to technology and IP, protecting and defending our client’s interests and help advancing China’s legal fronts. We focus on adding value to our clients.

Wanhuida Peksung is a top player in the IP field in China. It integrates resources for serving client needs in China’s vibrant legal market. The clients will be served with in depth expertise in a wide range of IP law services covering trademark, patent, copyright, unfair competition and other IP matters.

Our strengths lies in:

  • Expert perspective: our understanding of the substance and procedure of the IP laws of China and active contributions to China’s IP law development equip us with substantial experience with existing laws and insight in the directions of China’s dynamic IP environment.
  • Practical approach: our accumulated experiences in thousands of cases and with nationwide courts and numerous administrative agencies enable our professionals to bring clients practical solutions by effective use of all legal tools.

Trademark
Trademark practice has been our traditional strength since the firm’s creation. In this area, we are known to the clients and peers for our stellar credentials on trademark laws and regulations, pro bono contribution to the trademark legislation in China, top-notch practice team and the creation of landmark cases in the nation’s trademark prosecution and contentious history.

We filed for the “first registration of a color combination trademark” and the “first exhibition priority application” with the China Trademark Office, had the Chinese court grant the “first well-known trademark status to an unregistered trademark”, obtained 1) the “first infringement court decision against a distributor of parallel imports in China”, 2) the “first court’s determination confirming the infringement on a registered 3D trademark”, and more recently 3) the first Court verdict in which China's court confirms that pure color combination, before it is registered as a trademark, may be protected as "trade dress" under the Anti-unfair Competition Law.
Our trademark practice has been taking a keen interest in researching and analyzing the frontier IP matters like parallel import, fair use of trademark, trademark co-existence, infringement liability of online trading platform, super well-known trademark status, character merchandising as well as conflicts of rights and has managed to put its theoretical research into practice.
 
Patent
In the patent area, we have some 180 professionals with experience in patent litigation, prosecution and counselling. Many have over ten years of experiences. Some have experience working for Chinese courts, China’s patent office and the Patent Re-examination Board, and some also worked for industries and research institutions before joining private practice. The diverse backgrounds add our strength in understanding our client and the Chinese system and in delivering services to our clients effectively.

Our licensed patent attorneys cover substantially all technical fields, including chemistry, biochemistry, pharmaceutics, material science, medical device, metallurgy, physics, electronics, software, telecommunication and mechanical engineering. Most of them have advanced technical education and obtained their doctorate and master degrees in the best universities in China.

Between 2010 and 2015, we have eight patent cases selected to be included in the “Guiding Cases of the Supreme Court on IPR Trial”“Annual Report of the Supreme Court on Intellectual Property Cases”“Top 10/50 IPR Cases of the Chinese Courts” (released annually by the Supreme Court), or “10 Exemplary Cases of the Patent Reexamination Board”.
 
Copyright
With a rising reputation in the copyright field, we are edging ourselves into the elite copyright practitioners in China. We have experience litigating copyright civil cases up to the Supreme Court, managing to persuade the SPC to order the retrial of the cases and obtain favorable results for our clients. We also represent clients’ interests in the suits filed before lower courts, obtaining court injunctions on infringers and claiming considerable damages.

We are acclaimed for being able to provide astute, efficient and international standard legal solutions, catering to client’s needs in this area.
 
Litigation
We are at the leading edge of litigations. We have abundant experiences in litigating trademark, patent and technology matters, both civil and administrative, at all levels of courts, up to the Supreme People’s Court. Some of the cases have had recognized impact on the development of Chinese law.

We have experience litigating all over China and we frequently litigate in China’s more developed areas, including Beijing, Shanghai, Guangdong, Shenzhen, Jiangsu, and Zhejiang. Our experience also extends to litigating criminal trade secret cases and arbitration matters.

Many of our cases are recognized as ground breaking, not only creatively protect the interests of our clients but also help advancing the IP legal frontier. We have 20+ cases that have been included in the SPC’s gazette or been selected as top 10/50 IPR cases in China. Some of our cases involve parallel litigations in China as well as in other jurisdictions.
 
Enforcement
On enforcement, we are also experienced with administrative enforcement, working with government bodies such as the Administration for Industry and Commerce, customs, local Intellectual Property Offices and the food and drug regulatory authorities. We are experienced in coordinating administrative and judicial enforcement to eliminate infringer’s network and claim damages. Our enforcement and litigation practice frequently work together to serve the purpose of rapid strike and physical evidence gathering.

Obtaining evidence is the most challenging part of litigation in China. To support our litigation service, we have a team of investigators and an extensive network of investigation for evidence gathering. We have had experience of obtaining difficult physical evidence for our clients. We are also experienced in dealing with technical evidence and electronic evidence and work with third party experts, such as technical appraisal and electronic evidence experts to address the most challenging evidence issues.
 
Counseling
We also advise our clients over IP strategy, freedom-to-operate (FTO), infringement, validity and patentability, and counselling of all IP matters. Our counseling work includes legal opinions and represents clients in their transactional work, reviewing, drafting and negotiating licenses, conducting due diligence and investigation, and advising clients on various issues associated with a transaction.