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On 21 April 2019, Lifang & Partners hosted the “IP & Commercial Dispute Resolution Forum” in Wuhan at the Renaissance Hotel. More than 70 people attend the event, including leading members of the legal profession, legal scholars, and local journalists. This event coincided with the 5th anniversary of our Wuhan office.
Mr Cai Hui, partner and head of our Wuhan office, and Mr Liu Yanxi, partner and head of our Guangzhou office, hosted the forum. Mr Cheng Hao, Deputy Director of Hubei Intellectual Property Office, Mr Nie Dezong, Deputy Director of Wuhan Justice Bureau and Ms Zhang Li, Vice-President of Hubei Lawyers Association delivered speeches.
Mr Cheng Hao, Deputy Director, Hubei Intellectual Property Office
Mr Nie Dezong, Deputy Director, Wuhan Justice Bureau.
Ms Zhang Li, Vice-President, Hubei Lawyers Association
Mr Cai Hui, partner, head of Lifang Wuhan Office
Mr Liu Yanxi, partner, head of Lifang Guangzhou Office
Mr Xie Guanbin delivered the opening speech in which he shared some of his extensive experiences of legal services and commercial solutions in the fields of intellectual property, antitrust, commercial affairs and dispute resolution. He discussed a number of landmark cases that he personally handled in the fields of intellectual property and civil and commercial dispute resolution and highlighted his views on delivering high-quality legal services to clients. Mr Xie has been ranked as a “Band 1 Lawyer” by Chambers is recognised as one of China’s top 15 litigators.
Mr Xie Guanbin, Senior Partner and head of Beijing office, Lifang & Partners
Professor Wu Handong aired his views on the reform of intellectual property law against the background of China’s trade war with the USA. Professor Wu discussed the complex intellectual property issues affecting Sino-US trade relations. Professor Wu also highlighted developments in the field of intellectual property law since the opening of China and how innovation is the core driver of a developed economy.
Professor Wu Handong, Former President and Doctoral Supervisor, Zhongnan University of Economics and Law
Professor Ning Lizhi spoke about the current and developing trends in intellectual property protection. Professor Ning believes that there are three phenomena in the field of intellectual property and market competition, which are the occurrence of new cases, major cases and disputed cases. Thereafter, he discussed the 3 indivisible dimensions of intellectual property cases, namely technology, the market and the law, and suggested that when handling of intellectual property cases, courts must take all of these dimensions into account. With regard to intellectual property itself, Professor Ning described 3 characteristics of intellectual property, namely, it is a basic civil right, a tool for market competition and a mechanism for the allocation of information. Finally, professor Ning summarized three developing trends in intellectual property disputes.
Professor Ning Lizhi, the intellectual property and competition law institute director of Wuhan University
Ms Zhang Bin shared her observations on judicial trends in quantifying intellectual property infringement damages. She noted that there is a boom in intellectual property cases covering an ever-widening range of issue for which higher damages are being awarded by an increasingly professional judiciary that is subject to a growing number of adjudication rules on issuing more refined judgments. Ms Zhang also introduced the statutory, loss-based and discretionary methods for calculating the quantum of damages in intellectual property infringement cases. She finished her speech by proposing that infringement damages should at least reflect the value of intellectual property from the perspective of the loss suffered by owners.
Ms Zhang Bin, Senior Partner, Lifang & Partners
Professor Yao Li asserted her belief that "accelerating the construction and improvement of a diversified mechanism for the settlement of intellectual property disputes and cultivating high-end talents suitable for the development of intellectual property in the new era and major-country diplomacy" is the key to the settlement of conflicts and disputes.
Professor Yao Li, Vice-President and Doctoral Tutor, Zhongnan University of Economics and Law
Professor Zhang Shanbin discussed the current judicial dilemma on the intersection of criminal and civil issues through several difficult cases. He covered procedural and substantive difficulties such as characterizing behaviour, choosing between criminal and civil procedure, switching between procedures, determining res judicata, dealing with property involved in a case and measuring interests. He concluded by describing a possible way out of the dilemma.
Professor Zhang Shanbin, Professor and Doctoral Tutor, Wuhan University Law School
Dr Song Hang explained the law through case analysis and case descriptions, elaborating on problems arising from the Securities Law in the process of private equity bond issuance. He put forward suggestions for possible amendments to the Securities Law in future legal reforms.
Dr Song Hang, Senior Consultant and head of Shanghai office, Lifang & Partners
The forum received excellent feedback from both speakers and attendees. We hope that the forum contributes to the understanding and development of intellectual property in the Wuhan and Central China region, which Lifang & Partners is proud to serve. We have seen a lot of positive developments in the area and expect many more to come.