Lifang & Partners is one of the few go-to firms for high-profile Intellectual Property issues in China. Many of our qualified lawyers have also had a technical or scientific education. Additionally, some previously worked for the Chinese Central Government or court system before they embarked upon their private practice careers. Such a blend of diverse academic achievements and rich career experiences helps us quickly understand our clients’ complex legal, business and public policy challenges and offer practical legal solutions. We encourage our lawyers to combine their academic knowledge with their practical experience to provide efficient, high-quality legal services.
Patent litigation is Lifang & Partners’ core practice and traditional strength. Most of our patent litigation team have either scientific or engineering qualifications, along with legal qualifications. Some have experience working in the Courts, the Patent Re-examination Board, or the Chinese National Intellectual Property Administration. Our litigators regularly handle complex disputes and provide clients with precise and effective litigation strategies.
Our expertise and fame in litigation come from the hundreds of patent infringement and invalidation cases that we have handled. Even though most cases brought to Lifang & Partners involve cutting edge technology or complex legal issues, we have a high success ratio. Moreover, cases handled by Lifang & Partners frequently make the annual Top 10 Cases lists compiled by courts at all levels. Some of Lifang & Partners’ notable cases have been designated as guiding cases by the Supreme People’s Court for the lower courts’ reference.
Lifang & Partners was approved to handle patent prosecutions by the State Intellectual Property Office in 2008. Because we have significant litigation experience, we can prevent many problems from later arising by handling prosecutions correctly. Many of our patent prosecutors hold both patent attorney’s and lawyer’s licenses. This means that they can handle patent prosecutions and provide other IP services such as patent re-examination, invalidation, and litigation. We are familiar with every aspect of patent law and can apply a litigator’s mind-set and a business strategy perspective to patent prosecutions.
We can identify litigation risks and operational problems when designing patent protection strategies, drafting patent application documents, and responding to office actions. In addition to patent prosecutions, we also provide patent licensing counselling, patentability analyses, patent evaluation, and corporate patent portfolio management services. Our Patent Attorneys represent clients in industries involving electronic products, food, medicine, chemistry, machinery, communications, computers, biotechnology, and other technical fields.
In trademark infringement disputes, Lifang & Partners, with the support of a solid investigative team, actively works and formulates different litigation strategies according to the situation’s specific needs. We not only win many cases, but we also recover substantial damages for our clients. Many of our cases have stimulated significant changes, both locally and nationally. Such cases have also been designated as Top 10 Cases or Guiding Cases.
In criminal trademark litigation, Lifang & Partners’ trademark litigation team has offered a lot of support and assistance to the Administration of Industry and Commerce, the Public Security Bureau, and the People’s Procuratorate by providing clues, identifying criminal facts, and collecting evidence.
Lifang & Partners has good relations with many industrial organisations and governmental bodies. This provides remarkable advantages in handling important and complicated cases such as famous and well-known trademark recognition, enterprise IP strategy planning, administrative litigation, and many other areas where communication is essential.
Our copyright lawyers are experienced in providing innovative legal services for complicated copyright disputes, including infringement disputes involving computer software, databases, literary works, musical works, film and television, fine arts, and architectural works. Our lawyers are very experienced and familiar with the various types of copyright and can provide optimised solutions to protect our clients’ interests.
We also provide clients with copyright registration service for computer software. Our lawyers serve many domestic and foreign clients specialising in information, culture, publishing, and media.
Lifang & Partners has significant experience in resolving technology contract disputes. Moreover, because our team contains former civil servants, regulatory draftsmen and judges, we have advantages in how we approach matters. Our advantages come from a combination of scientific and technical expertise, IP law specialisation, and our litigation and arbitration experience.
Intellectual property matters are increasingly crucial in IPOs, M&As, PE, VC, and finance. This is especially so for high-tech industries where IP plays a vital role in the survival and development of an enterprise. Lifang & Partners is experienced in conducting due diligence investigations for IP owners or investors. We provide clients with legal opinions on patents, trademarks, copyright, and trade secrets.
Lifang & Partners has rich experience with all IP-related transactions, including M&As, licensing, and portfolio purchases. We also draft legal opinions to support those transactions.
Intellectual Property Management and Strategic Counselling:
Lifang & Partners combines its resources and rich IP experience to form integrated teams that plan and implement strategic IP management projects. Our integrated teams also handle any related prosecutions, enforcement actions, and transactional work in a flexible manner.
Resources at Lifang coupled with our vast experience in intellectual property across all fields of technology and business, allow us to form integrated teams that are able to handle any strategic management project, and the related prosecution, enforcement, and transactional work in a flexible manner.
Lifang & Partners assists clients with Civil and Criminal IP Infringement Investigations and Administrative Enforcement.
Infringement investigations involve collecting clues, desktop investigations, field investigations and evidence collection. Infringement investigations are crucial to enforcement litigation because China does not have an evidence disclosure system.
As for Administrative Enforcement, Lifang & Partners files administrative complaints with government departments responsible for fighting infringement. Our work ensures that government departments act against infringers.
Lifang & Partners also helps clients exercise their rights against infringers through negotiations supported by evidence collected by governmental departments and others during investigations.
China’s integration into the world trade system has created an ever-increasing need to protect IP rights through customs enforcement. Our Administrative Enforcement services also include customs record filing. We have a long track record of assisting clients with enforcement needs and related legal services.
Antitrust law is a major practice area of the firm. We have a full-service antitrust team containing lawyers experienced at advising clients on antitrust investigations, dispute resolutions, merger clearances, and antitrust compliance.
In response to increasing client demands for legal and regulatory compliance services, Lifang & Partners reorganised its previous Antitrust & Competition task force to form the Antitrust and Compliance Team in October 2017 to offer a full range, end-to-end and specialised services to our clients.
Antitrust Litigation :
Established in 2007, the Lifang & Partners antitrust team is a pioneer of Chinese law. We have handled multiple landmark cases, including the Supreme People’s Court’s first antitrust case, and several SEP disputes. Our litigation experience fortifies our abilities to handle antitrust matters. In combination, our IP and antitrust practices enable our lawyers to maximise client interests in cases involving SEPs and FRAND issues.
Our lawyers have been intensively involved in several antitrust investigations in China. We advised the Government, complainants, or respondents on complex procedural and substantive law issues in several trailblazing matters. As counsel to companies under investigation, we facilitate smooth communication between our clients and regulatory agencies and mitigate the legal risks that our clients face.
Fully leveraging our extensive antitrust law experience, we provide clients with antitrust compliance consulting services that include operations reviews and employee training. We have advised clients in multiple industries, such as automobiles, pharmaceuticals, food, and other industries. Our services cover business structures, distributor management, contract compliance reviews, employee training, and antitrust law consulting. For SEPs, we advise clients on antitrust and FRAND issues during patent licensing negotiations.
Lifang & Partners is one of China’s first law firms to provide merger control filing services. We have witnessed and participated in the development of Chinese antitrust law, from advising clients on the first draft of the Anti-Monopoly Law in 2007 to providing a full range of antitrust services at present. In that time, we have built good relationships with China’s anti-monopoly authorities. We are in a solid position to provide timely, all-round, and efficient legal services in antitrust matters.
Our Compliance Team is dedicated to assisting our clients in all their legal compliance activities, including ethics and compliance training, compliance risk profiling and assessment, compliance policy drafting and reviews, incident handling, government investigations, and dispute resolution. We have helped clients respond to problems related to anti-monopoly laws, anti-unfair competition laws, anti-corruption laws, healthcare product clearance, cryptographic product regulation, privacy, and other matters.
Lifang’s corporate and commercial law practice covers a broad range of transactional and advisory work. Our corporate lawyers provide timely expert advice on comprehensive transactions of all sizes and complexities. We work with a variety of clients including multi-national companies, medium and large state owned enterprises, private companies and governmental agencies. We also provide our clients with practical legal solutions and along term perspective in regards to cross-border investments, mergers and acquisitions, contract law, antitrust, labor law and real estate.
We advise clients in a diverse range of industry sectors, including life sciences, technology, media and entertainment, journalism, financial services and real estate. Our business lawyers handle complex transactions that involve issues in other substantive areas of law. We exceed client needs by working seamlessly with our colleagues in our preeminent practices including antitrust and competition, labor and employment, arbitration and litigation, international trade, and intellectual property.
Investment and Financing
Along with the invigoration and opening-up of China’s investment and financial sector, Lifang by virtue of its professional knowledge and sound capability, has expanded the scope of its legal services in the areas of investments and finance. We have greatly impacted domestic financial and insurance legal practice. We regularly provide legal services in regards to overseas project financing, M&A loans and overseas M&As for China Development Bank and domestic enterprises “going-out.”
Lifang has long been providing legal services to the large state-owned commercial banks, joint-stock commercial banks, foreign banks, city commercial banks, village banks, large trust companies, insurance companies and various other financial institutions. Our areas of practice include international finance, syndicated loans, project finance, financial lawsuit, trust loan, bond underwriting and issuance, risk control, dispositions and acquisitions of non-performing assets, financial derivatives, and special and ongoing counseling for financial institutions.
Our construction and real estate practice combines our knowledge of contract, corporate and property law with industry knowledge. Lifang has been a group of excellent lawyers, which form its professional real estate team. Based on profound legal knowledge and industry expertise, our real estate team provides legal services for banks, real estate funds, developers, contractors, project investors and the Government. We can handle all aspects of a transaction including land development, project acquisition, engineering construction, real estate financing, and property management etc.
Lifang’s real estate team works closely with our dispute resolution team on construction and real estate matters, allowing us to minimize the potential for disputes or to deal with them expeditiously, should they arise. We assist our clients to mitigate their risks and to achieve their commercial objectives.
Lifang is capable of providing clients with a comprehensive labor law service, including conducting compliance audits, suggesting improvements for labor relationships, establishing labor management systems, providing key staff with labor law training, managing employee placements in special commercial transactions, handling the employment of foreigners, and resolving labor disputes.
Our Labor Law Practitioners possess rich experiences, aim to provide high quality legal services, and maintain close relationships with relevant government administrations, judicial organs, experts and scholars.
Believing in service, loyalty, diligence, efficiency, and professionalism, we provide excellent transactional and dispute resolution services which combine our in-depth understanding of China’s legal, social, and economic development with rich practical experience and a solid understanding of the challenges facing our clients.
Our formal dispute resolution processes include judicial proceedings in the People’s Courts, administrative litigations, commercial arbitration, mediation, intellectual property hearings, and international arbitration.
We always begin by providing clients with an in-depth analysis of their case’s merits within the framework of the applicable procedures. Then, once proceedings have been filed, we ensure that clients are provided with up-to-date information on their case’s progress. Finally, when a decision is issued, we give clients a detailed opinion of the outcome.
We have a proven record of providing quality services and obtaining satisfactory results for clients in cases ranging from labour disputes and arbitration hearings to landmark Supreme People’s Court cases involving high-profile multinationals, patent infringement and commercials issues involving billions of RMB.