Lifang & Partners co-held a conference with Wolters Kluwer to announce the publication of the Bluebook on Compliance and Protection: Intellectual Property related Unfair Competition (the “Bluebook”) on 16 January 2019.
Four of our Partners, Zhang Bin, Liang Hui, Li Chunxuan and Li Fengfeng, are co-authors of the Bluebook. Xie Guanbin, a Senior Managing Partner, is the chief editor. Based on their extensive experience in the fields of intellectual property and competition law, the authors give an in-depth theoretical analysis of the four types of IP related unfair competition provided for the Anti-unfair Competition Law of People’s Republic of China amended in 2017. Through an analysis of cases from the Wolters Kluwer database, the authors distil the judicial principles for determining whether certain acts fall afoul of the Anti-unfair Competition Law. Further, they have included advice in the Bluebook to business operators on risk management, compliance, and the protection of rights.
Mr. Xie Guanbin
Mr. Xie delivered an opening speech at the conference. He said that by publishing the Bluebook, Lifang & Partners was hoping to create a dialogue with experts in the field about key issues related to the Anti-unfair Competition Law and to push forward Chinese legislation, judicial practices, and enforcement matters relating to the Anti-unfair Competition Law.
Liang Hui
Ms. Liang has over 10 years of experience in trademark law. She delivered a speech on trademarks and addressed issues such as the growing impact of trademarks on businesses, methods for determining counterfeit marks, and the boundary between counterfeiting and unfair competition. Further, Ms. Liang gave compliance advice for businesses to avoid trademark disputes.
Zhang Bin
Ms. Zhang introduced changes to IP related legislation, law enforcement and policy in China. By comparing the provisions on misleading promotion in the amended Anti-unfair Competition Law, false advertising in the Advertising Law of the People’s Republic of China, and misleading promotion in the E-commerce Law of the People’s Republic of China, Ms Zhang distinguished the provisions for operators in different industries. Further, she analyzed the elements of infringement and the responsibility in some leading cases. She also provided compliance advice to businesses on publicity and marketing.
Li Chunxuan
Mr. Li has been providing IP related services since 2002. During the conference, Mr Li introduced the trade secret provisions in the amended Anti-unfair Competition Law, gave an overview of civil procedure in cases of trade secret infringement, discussed protecting trade secrets, and provided advice on trade secret management.
Li Fengfeng
Ms. Li introduced the newly added “Internet-related provisions” of the amended Anti-unfair Competition Law and discussed the four types of unfair competition that can occur online with examples from leading cases. She also provided advice on risk management and compliance for search engine providers, screening software providers, video platform operators, software companies, and data service providers.
Photos from the conference
Lifang & Partners is a leading IP law firm that consistently receives accolades for its work. We have provided services to Global 500 companies and the Chinese Government.
We can deliver excellent services because many of our lawyers also have technical or scientific qualifications. This means that when we handle a dispute, we can focus on the things that matter and not get lost in technical or scientific details. Furthermore, our lawyers enjoy rich career experiences before joining our firm that often includes: the Chinese Central Government; the Chinese Courts; the State Intellectual Property Office; and other leading law firms. The blend of experiences and qualifications that we can draw upon as a firm means that we can always offer practical yet creative solutions.
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