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    Kevin Cheng

    Partner

Summary

Kevinworked in the legal department of Coretronic Group in 2004 and was responsiblefor the IP management of the Group. He has been a full-time attorney since 2006when he started to work in Haworth & Lexon Law Firm, first as a lawyer andthen a partner. Kevin joined Dentons Shanghai Office in March 2015.

Kevinhas over 17 years of legal work experience. He provided and is providingperennial or special legal services for dozens of well-known domestic andforeign enterprises: LV, ArcelorMittal, Miele, Oriflame, GE, Xylem (ITT),Givaudan, ORBIS, Videojet, Gaither, PIXI, TTVJC, Corlete, Zara, Coca-Cola,Trayton, TDK, Fuji, DIC, NipponPaint, Secretariat for Trilateral Cooperation,Sallvis,INE, SAIC, Vanke,Yuyuan Group, Yunda, Shanghai IC Fund, Shanghai Huantou, andChangjiang Jinggong to name but a few. The scope of Kevin’s legal practicecovers IP protection (patent, trademark, trade secret protection, andanti-unfair competition), corporate risk control, and so on. In the field ofculture and entertainment, Kevin provided legal service for Shanghai TheatreAcademy, Shanghai Lida Film Co. Ltd, Yingtian Culture, Oriental Pearl Dirsch,Guomai Culture and Shanghai Melsense Media, etc. Kevin has represented a largeamount of IP litigation cases in previous ten years of practice, with IP as themain service domain.

Kevinis also the legal counsel of the Government Office of Shanghai Yangpu District,legal counsel of Administrative Approval Service Centre of Yangpu District,off-campus supervisor of University of Shanghai for Science and Technology.Kevin has been invited many times to introduce the practice of intellectual atTongji University, Shanghai University of Foreign Trade and Shanghai Jiao TongUniversity.

In 2021,Kevin was awarded the "Top Ten Patent Lawyers of the Year" by TheChina Intellectual Property Service Capability Ranking and the Powerful CountryIntellectual Property Forum.

Experience
  • Represented SeaPioneers Technologies (Wuxi) Co., Ltd. in its series cases of patent ownershipdisputes with Haimo Technologies Group Corp. The cases involved complex oil andgas monitoring equipment, one of the cases was selected as 10 Model IP JudicialProtection Cases in 2020 of Suzhou Court and 10 Model IP Judicial ProtectionCases in 2017-2021 of Suzhou Court.
  • Represented Coca-Colain handling its employees' job invention reward cases and patent authorship,and acquired favorable result for the client. One of cases was selected as “ModelCases about Shanghai Special Courts Securing ‘Five Centres’ of 2020”.
  • Represented Shanghai Asia PioneerPharmaceutical Co., Ltd. in litigation and arbitration of its patent licensecontract dispute with Xiangbei Welman Pharmaceutical Co., Ltd., resolvingissues are complicated andtime-consuming process (~8years), thatinclude patent nullification, patentownership, breach of the patent license contract, patent infringement and soon, and involved more than ten million RMB;
  • Represented CleanEnvironment Operation in litigation of its patent invalidation dispute withTrademark Review and Adjudication Board. Beijing Intellectual Property Courtconfirmed that all the patents involved were valid after the trial despite theTrademark Review and Adjudication Board declared the patent invalid at thebeginning.
  • Provided legalservices for Hebi Haichang in patent infringement disputes, and itsnon-infringement claim is fully supported by Shanghai Intellectual PropertyCourt.
  • Represented XCGS Group(Suzhou) Co. Ltd. in handling patent infringement complaint brought by SanMiguel Corporation;
  • Represented ShanghaiHeda Petroleum Technologies Co., Ltd. in handling a series of utility modelpatent infringement complaints brought by Jiangsu Hengfeng Neng HuanTechnologies Co., Ltd. Mr. Cheng successfully filed a non-infringement defenseand was adopted by the Nanjing IP office. The plaintiff later withdrew allcomplaints.
  • Represented WuxiLingood Machinery Technology Co., Ltd. in handling patent infringementcomplaint brought by Foshan Golden Milky Way Intelligent Equipment Co., Ltd.Successfully invalidated the main rights of involved patent.
  • Represented TaiwanSing-Bee IndustryCo., Ltd. filing series oflawsuits for patent infringement, all claims were supported by the court,successfully protected client’s lawful right in mainland China.
  • Provided special legalservices for GAITHER to protect its patent in China, including exhibitioncomplaints, filing infringement lawsuits, and complaining about infringingproducts to major online sales platforms. These measures have finally achievedgood results in cracking down on infringing products.
  • Represented ShanghaiYutek Decoration Material Co., Ltd. in handling a series of the invention andutility model patent infringement arbitration with Technoform Bautec (Suzhou)Thermal Insulation Materials Co., Ltd. Mr. Cheng successfully filed anon-infringement defense and was adopted by the Shanghai IP office that led tothe plaintiff withdraw all cases.
  • Represented Shanghai Jialing Automobile Co.,Ltd. to resolve multiple patent infringement disputes in Taizhou, Wuxi, and soon;
  • Represented TUS Lighting to resolve a patentinfringement dispute, and successfully ended the dispute in favor of TUS withnullification of the patent involved;
  • Represented Bright Technology Co. Ltd. in thepatent litigation in Paris; working closely with the lawyers of France andEngland, and achieved favorable outcome in this case;
  • Provided legal services for Mr. Yang inseeking lawful protection of Mr. Yang’s educational device invention andindustrial design patent;
  • Represented an auto-precision componentsmanufacturing enterprise to sue a Nantong-based auto components company overinfringement upon its trade secrets (technical know-hows);
  • Represented a metal nuts manufacturing companyin Shanghai in its deputy general manager’s infringement upon the company’strade secrets and breach of their non-compete agreement;
  • Represented the Octaform (Canada) to resolveits dispute with the former cooperative OEM plant in China over trade secretsinfringement;
  • Represented a ShanghaiE.E. company in handlingtrade secret infringement with its competitor, case involved protectingcustomer list as trade secret.
  • Represented YuYuan Tourist Mart in the “JinCheng Huang Miao Temple” trademark nullification case(Re-trial Case conductedby the Supreme People’s Court);
  • Represented Red Star Macalline GroupCorporation Ltd. to resolve a trademark infringement dispute (Re-trial Caseconducted by the Supreme People’s Court);
  • Represented YuyuanTourist Mart Group to conduct the "Lao Cheng Huang Miao" trademarkrights protection. Filed dozens of trademark infringement lawsuits nationwide,and achieved good rights protection results；
  • Represented U.S. Videojetin handling trademark infringement cases in China.
  • Represented TaiwanShiatzy Chen in handling a trademark infringement case with Baodao Glasses(Shanghai) Co., Ltd., Mr. Cheng successfully transferred back the involvedtrademark to the client.
  • Represented YuyuanMall Group in trademark invalidation cases of "Lao Cheng Huang Miao"and "Cheng-Huang". Successfully defending all cases, client’strademarks were maintained as valid.
  • Represented EuropeTTV-JC Valve Group in handling its trademark being squatted in China, filed trademarkopposition and trademark invalidation against multiple competitors on the squattedsimilar trademarks, all claims were supported by court.
  • Represented PixiBeauty, a European cosmetic brand, in handling trademark affairs in China. Successfullytransferred the squatted trademark in China back to the client after elaborateplanning. Meanwhile, represented the client filed multiple trademark oppositionand acquired favorable result.
  • Represented “A HappyPancake”(幸福班戟),a Japanese restaurant brand, in handling its trademark being squatted. Filedtrademark opposition and trademark invalidation, after elaborate planning,successfully transferred back multiple the squatted trademark back to theclient.
  • Provided legal servicefor Shanghai Lanmou Trading Co., Ltd. in trademark review of its “An-Mu-Tong”trademark(安沐瞳) .
  • Represented ShanghaiHuantou Information Technology Co., Ltd. in handling its series of  “Hi-Na-Bian”(海那边) trademarkinvalidation cases. All cases have undergone administrative procedures, firsttrial and second trial, involved trademarks all remained valid.
  • Represented ShanghaiHuantou Information Technology Co., Ltd. in handling litigation against itscompetitors for trademark infringement and anti-unfair competition on trademark “Hi-Na-Bian”(海那边).
  • Represented ShanghaiSongjiang Jiufu Shock Absorber Co., Ltd. in handling its competitor registeredclient’s company name in bad faith. Successfully enforced the competitorchanging the wrongfully registered company name and ceasing the infringementact through filing industry & commerce complaints, litigation in courts.
  • Represented Rohto Pharmaceutical Co., Ltd to filelawsuit against a company for selling infringing products in Guangzhou and wassupported by the court;
  • Represented Oriflame,a European directsale cosmetic company, filing infringement litigation in China. Successfullyceased infringement by bringing charge against a knock-off company of Oriflamein GuangZhou.
  • Represented a famousShanghai valve company, Shanghai Valve FACTORY Co., Ltd., in litigation againsta company in Hubei for trademark infringement.
  • Represented A.MenariniAsia-Pacific Holdings Pte Ltd in a trademark infringement case about parallelimport issues;
  • Represented ZensVisionin a complex litigation of software copyright infringement disputes.Successfully acquired a satisfying result for the client after the litigationof two plus years.
  • Represented BeijingRunjin Real Estate Development Co., Ltd., as defendant, in handling itssculpture copyright infringement case against designer Zheng-Lu.
  • Represented a famousreal estate company, as defendant, in handling its sculpture copyrightinfringement case against French designer LAPIERRE Arnaud.
  • Represented NTS Ltd., ZOEMOAUTOMOBILE Co., Ltd., Changjiang & Jinggong Steel Building (Group) Co.,Ltd. and others to resolve a software copyright infringement dispute;
  • Represented Yunda to seek protection for itscorporate identity copyright;
  • Represented a Shanghai-basedexhibition company in Shenzhen, Guangzhou, etc. to resolve its dispute with aGuangzhou-based exhibition company over false publicity.
  • Represented NTS inhandling a loan contract dispute with AFG(Germany), the case involved tens of millionsof dollars, and the case was selected as Shanghai’s Model Case;
  • Provided specified IP compliance reviewservices for Shanghai CEO Environmental Protection Technology Co., Ltd. beforelisted in SSE Star Market, and provided assessment on legal risk for mainproduct.
  • Provided specified analysis on productinfringement risk and advised for design-around (FTO) to Zhejiang Xianju CuizePharmaceutical Technology Co., Ltd.
  • Provided IP due-diligence services fora famous European pharmaceutical company, Menarini, in acquisition of otherpharmaceutical company.
  • Provideddrafting legal documents for collaboration between Shanghai ImmunocangBiotechnology Co., Ltd. and ION CEBSIT Chinese Academy of Sciences, the projectinvolving popular issues on science academy transforming scientific ortechnological achievements.
  • Provided IP service for the cooperationproject between SAIC MOTOR Venture Investment Co., Ltd. and Shanghai Jiao TongUniversity;
  • Provided due diligence on investinghigh-tech corporation, reviewing specified investing documents for ShanghaiZhangjiang Venture Capital Ltd.
  • Provided a specialized IP planning fora biological feed company based in Hunan Province, and advised on intellectualproperty rights for its IPO process;
  • Provided IP due diligence service for aShanghai-based camera motor company to acquire a Taiwan manufacturingenterprise;
  • Represented SATA to analyze itscompetitor’s patent, and produced an analytical report on the patentnullification;
  • Provided IP service for East ChinaArchitectural Design & Research Institute in its overall software systemdevelopment;
  • Provide legal services for theconstruction of intellectual property system for SCIP SITA Waste ServiceCo,.td.
  • Provided specified legal services forShanghai IC during the process of investing high-tech corporations likeShanghai Huali Microelectronics Corporation.
Education
  • East China University of Political Scienceand Law, LLM
  • East China Jiao Tong University, B.E.
  • Nanchang University, LLB


Employment


  • 2004 -2005  Legal Department of  CORETRONIC CORPORATION   IP management
  • 2006-2015   Haworth & Lexon        Attorney at law、Partner
  • Since 2015  Dentons(Shanghai)     Attorney at law、Partner


Membership of professional bodie

Member of Intellectual Property Committee of Shanghai Bar Association

Other professional qualifications
  • P. R. China Lawyer
  • P. R. China Patent Agent
Publications
  • Monograph "Practical Operation and CaseAnalysis of The Company's Legal Risk Prevention and Control", more than500,000 words, the first edition of the Legal Publishing House in 2015, thesecond edition in July 2019
  • "Brand Protection under the ODM Model",CBLJ, April 2019
  • "On the Determination of TrademarkInfringement in Parallel Import and Related Practical Suggestions", SLA,May 2018
  • "Opinions on the Revision of the CopyrightLaw", LexisNexis, April 2012
  • "Licensing Issues for UnregisteredTrademarks", LexisNexis, August 2011
  • "On the Impact of the Modification of theInventor Reward System on the Technological Innovation Management System ofEnterprises", CCH China, 2009
  • Interpretation of the Regulations on EmployeeInventions (Draft for Solicitation of Comments), CCH China, November 2012
  • "A Brief Analysis of the Determination of"Improper Means" in Trademark Squatting", CCH China, February2013
  • Contributed to the "Lawyer Column" of Fortune Quality magazinefor a long time, and has published articles such as "Those Things in PeerSupervision", "The Road to Self-Help of Crisis Enterprises","Beware of Touching the Legal High-Pressure Line of China's CommercialBribery", "Strengthening the Protection of Trademark Rights in theRevision and Analysis of the Trademark Law" and so on
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Beijing Dacheng Law Offices, LLP (“大成”) is an independent law firm, and not a member or affiliate of Dentons. 大成 is a partnership law firm organized under the laws of the People’s Republic of China, and is Dentons’ Preferred Law Firm in China, with offices in more than 40 locations throughout China. Dentons Group (a Swiss Verein) (“Dentons”) is a separate international law firm with members and affiliates in more than 160 locations around the world, including Hong Kong SAR, China. For more information, please see dacheng.com/legal-notices or dentons.com/legal-notices.