Zhang Yi
ShanghaiSenior Partner
Profile
Attorney Zhang Yi is a senior partner and the deputy director of the Intellectual Property Practice Committee of Hiways, a member of Shanghai Intellectual Property Committee, a researcher of East China University of Political Science and Law Intellectual Property Research Center, and a master of law from East China University of Political Science and Law. Her main practice areas are patent, trademark, copyright, trade secret, anti-unfair competition and transformation of technological achievements and other intellectual property litigation and non-litigation legal related matters, as well as providing permanent legal services for enterprises with advanced high technology.
Attorney Zhang Yi has been practicing in the field of intellectual property for 16 years, and has rich experience in non-litigation and litigation legal practice. She has not only represented many influential cases and projects in traditional areas of intellectual property such as trademark, copyright, trade secrets and anti-unfair competition, but also has in-depth research and successful cases in cutting-edge areas such as high-tech transfer and transformation of scientific and technological achievements. She is especially good at providing comprehensive and strategic legal services for enterprises, including brand strategy layout, patent strategy layout, and construction and improvement of trade secret protection system. Her many successful cases have given her a good reputation in the industry and have been widely praised.
Education
- East China University of Political Science and Law, Master of Laws
Representative Cases
- 1.Represented the living home flooring brand trademark infringement and unfair competition case, and the claim of 10 million yuan was fully supported.
- 2.Represented the German high-end furniture " Raumplus" brand in winning the lawsuit and won a full compensation of 50 million yuan, which has also become the largest trademark infringement case of foreign-funded enterprises in China so far (2022).
- 3.Represented Beijing Jardine Jiaye Medical Technology Co., Ltd. against Resmed (Beijing) Medical Device Co., Ltd. in a claim of 20 million for invention and utility model patent infringement, and finally reached a global settlement.
- 4.Represented Shanghai Airport (Group) Co., Ltd. in a litigation case of 36 million yuan invention patent infringement claim, and won the lawsuit.
- 5.Represented Wind Information in responding to 12 million claims for copyright infringement and unfair competition, and finally won the lawsuit.
- 6.Represented Tian Tian Quiet Listening Software in a case against Kugou Music Audio and Video Product Copyright Infringement, and successfully applied for a pre-litigation injunction.
- 7.Represented VIPABC English Training and Education Group in responding to a false publicity dispute and won the case.
- 8.Represented Shanghai Zhongrui Education Investment Co., Ltd. in responding to and counter-suing Shanghai Yiluan Network Technology Co., Ltd. in a dispute over computer software development contract, and won the lawsuit.
- 9.Represented Avanti brand in a series of trademark rights protection cases and won the lawsuit.
- 10.Provide Shanghai Solid Waste Disposal Center with a complete set of non-litigation legal services for trade secret protection.
- 11.As a special legal service organization, it provides a complete set of non-litigation legal services for the comprehensive transformation of energy-saving and emission-saving 200 million yuan scientific and technological achievements transformation project of Shenergy Group's coal-fired units, including intellectual property protection of core technologies and technology export transfer.
- 12. Provide global patent layout for ZhongAn Information Technology Service Co., Ltd. in the fields of big data, cloud computing, blockchain, artificial intelligence and other fields of basic technology research and development, mainly in the United States, Europe, Japan, South Korea, Southeast Asian countries.
- 13.Represented Tongji University Architectural Design and Research Institute (Group) Co., Ltd. in filing a patent invalidation request and obtaining support.
- 14.Provide professional patent search analysis and industrial layout services for Rainbow (China) Investment Co., Ltd.
- 15.Trademark planning and rights protection for South Korea's Selaben Co., Ltd. for Bellstone-related brands, including trademark applications, opposition, invalidation, etc.
- 16.Provide trademark planning and layout application services for Shanghai Zhangjiang Group.
Interview
Ms. Zhang Yi has been highly recognized by clients for her rigorous and dedicated attitude and outstanding performance, and has been selected by IPR Daily, China Intellectual Property Research Institute and WeLegal as China's 50 Elite Intellectual Property Lawyers.
The firm was selected as one of the top 15 leading intellectual property law firms in Thomson Reuters 《ASIAN LEGAL BUSINESS》Magazine by ALB China, and was interviewed by the magazine on behalf of the firm.
Social Responsibilities
Member of Shanghai Municipal Intellectual Property Commission
Research Fellow, Intellectual Property Research Center, East China University of Political Science and Law
In 2016, he was hired as the first batch of intellectual property lawyers of the National Patent Navigation Nanotechnology Application Industry Development Pilot Zone Lawyer Advisory Group
case profile
Trademark infringement dispute over famous furniture in Germany
Founded in Germany in 1986, a German furniture company has exported its products to more than 70 countries and won a number of international awards, shaping a very high brand value representing German precision. The company was a joint venture company established with the two defendants. After the end of the cooperation, the two defendants were no longer allowed to use the plaintiff's trademarks. However, in view of the good reputation and high popularity of the plaintiff and the trademark in question in the field of furniture, after the original defendant terminated the cooperation, the defendant not only did not stop using the trademark in question and changing the name of the enterprise, but instead implemented various alternative practices to hitchhike, mislead the public, and deliberately cause confusion among consumers to make huge profits. The plaintiff had repeatedly issued solemn warnings to the defendant, and in order to obtain huge illegal benefits, the defendant still took risks to continue to infringe, and at the same time constantly changed the method of infringement and became more and more concealed. Through a year-long in-depth evidence collection, our lawyer integrated the fragmented evidence into an effective evidence chain, spared no effort to obtain the maximum amount of evidence and argumentation, and finally obtained the support of the court's full compensation of 50 million.
The famous music website platform sues its competitor for the right of communication of information on networks dispute and the applies for a pre-lawsuit injunction
The famous music website platform of a well-known group company in China enjoys the exclusive right of communication of information on networks of a large number of classic music works in the mainland and uses the songs on the music platform operated by the company. Later, it was found that a competitor, without its authorization, provided the music works entitled to the plaintiff to the public through its own music platform, and charged users by upgrading VIP membership, seeking illegal profits. Entrusted by the plaintiff, the lawyers of the Firm were fully responsible for the legal affairs concerning the infringement of the right of communication of information on networks of the related music works with the defendant in the mainland, collected sufficient evidence and successfully applied to the court for a pre-trial injunction, which stopped the defendant's infringement in time and effectively safeguarded the plaintiff's legitimate rights and interests.
Unfair competition dispute over copyright and trade secrets of two well-known Internet financial companies
The object of infringement claim involved in this case is 12 million RMB, which is an important case in intellectual property cases. After accepting the commission of the two defendants and carefully studying a large amount of evidence submitted by the other party, we found that the plaintiff of the case was suspected of exaggerating the facts and attacking the competitors for malicious litigation. To this end, the firm's lawyers not only tit for tat to formulate a defense plan and carry out effective evidence, but also to sort out the evidence in favor of our side in the evidence and strong argument. As a result, the court of first instance found that the two defendants did not infringe on each other's commercial secrets of unfair competition. Later, the plaintiff appealed to the high court against the judgment of first instance, and the appeal was rejected and the original judgment was upheld. After nearly two years of unremitting efforts, a dangerous malicious lawsuit and sky-high claim was finally successfully resolved, which has become a classic case of professional lawyers helping enterprises to get rid of malicious litigation?
Case of dispute over trademark infringement and unfair competition of a well-known flooring brand company
The plaintiff of this case is a company of some well-known floor brand in China. Its production and sales of flooring products are renowned throughout the country. The defendant regards its original acting industry and commerce, produce and sells without authorization the floor product that infringes its series trademark. At the same time, they free ride on the name and packaging publicity, and even open investment nationwide after the end of the partnership, which caused great reputation and economic losses to the plaintiff. After accepting the plaintiff's entrustment, the lawyers of the firm made overall plans for safeguarding rights, carried out a series of national safeguarding actions through full investigation, evidence collection and legal research, integrated various remedies such as civil litigation and industrial and commercial administrative complaints, and successfully applied for an injunction during the trial. In the end, the court upheld all of the plaintiff's claims and awarded the full amount of $10 million. The lawyer's rigorous and professional work was highly praised by both the client and the judge. This case is a typical case of applying the method of calculating the actual loss of the oblige. The actual loss of the right holder should include not only the loss of profit due to sales loss, but also the loss of profit due to price erosion, future loss of sales profit and loss of goodwill. The effect of fine determination of the actual loss of the oblige is realized. This method of calculating the amount of compensation is very close to the foreign legal and economic calculation model accumulated over the years, which has reference and research significance for the judicial practice of this kind of cases. This case represented has been rated as "China's top 10 most valuable intellectual property adjudication cases in 2017" by industry media, selected into "50 typical intellectual property cases of the Supreme Court in 2018", and was selected as "top 10 cases of Intellectual Property Committee of all China Lawyers Association in 2019" with the highest score
Infringement lawsuit of invention and utility model patent between a medical technology limited company and a company
This case the delegate some medical technology co., LTD. Is a national high and new technology enterprise and the zhongguancun high-tech enterprises, is also the leader of China's medical equipment industry, in Australia a company successfully cope with the international giants last year in the United States filed a 337 survey, became the first win in the 337 survey of Chinese enterprises in the field of medical apparatus and instruments. In order to further break the technology of the international industry giants, he entrusted Hahira Yongtai intellectual property team to launch a patent war against the company in China. Due to the core business areas involving the delegate to the case, the team not only from the legal Angle to consider more fully to the commercial interests, tailored for the customer the best action strategy, before litigation through the value evaluation of the layout scheme, with professional ability to assist clients in the effective response to the other malicious invalid patent application, to check carefully and the other evidence in the trial question powerful evidence for its effectiveness, ultimately contributed to two giants to reach a global settlement smoothly.
Invention patent dispute case between a domestic company and a well-known Japanese company
Shanghai sports goods Co., Ltd. is a domestic independent brand company that has developed and expanded in recent years. Due to the rapid development of its business and the continuous expansion of its market share, the related business of a well-known Japanese company has been impacted, so it was sued for infringement of its product invention patent and demanded huge compensation. After accepting the defendant's authorization, the lawyers of this firm analyzed and demonstrated the factual evidence and the patent involved. In particular, in the invalidation procedure of the patent, the lawyers raised questions about the novelty and creativity, which put great pressure on the plaintiff and forced the plaintiff to make a settlement on the premise of waiving the infringement charge, and the defendant did not bear any compensation. The successful settlement of the case was not only highly recognized by the parties, but also appreciated by the presiding judge.
With its core patents and supporting proprietary technology, a Shanghai technology company implements large-scale project transformation and technology export
In the field of comprehensive transformation of energy conservation and emission reduction of coal-fired units, a Shanghai technology company has a series of world-leading innovative technologies, involving more than 50 core patents and tens of thousands of technical secrets, leading the world in the field of energy conservation and emission reduction for decades, leading other countries. The comprehensive transformation project of energy conservation and emission reduction of coal-fired units of the company can greatly reduce the energy consumption and pollution emissions of the units by building new facilities or transforming old facilities with relevant supporting technologies. In addition to environmental protection value, the economic value of the units after transformation can be increased by 100 to 200 million yuan per year. After the successful pilot program, it is of great significance for China to realize energy conservation and emission reduction.
The difficulty of this project is how to effectively transform the technology in the process of foreign cooperation, protect the business secrets well and prevent the disclosure of technical achievements, especially to make the technology transferee cooperate well with the implementation of the corresponding confidentiality measures and the commitment of legal responsibilities.
After fully understanding the needs and difficulties faced by enterprises, the lawyers of the firm plan the overall layout and divide the specific legal services into two parts. The first part is to systematize the technical achievements of enterprises themselves, which is the premise of technology output. Enterprises need professional lawyers to help them sort out and screen the technological achievements and take appropriate ways to effectively protect them. Meanwhile, enterprises need to help them build a sound intellectual property protection system, formulate corresponding intellectual property management system and implement specific measures, so as to lay a foundation for subsequent technology application and output work. The second is to export technology on the existing intellectual property protection body. Professional lawyers represent or cooperate with enterprises to conduct business and intellectual property negotiations and formulate corresponding legal documents. At the same time, project tracking of technology output process is required to ensure the effective implementation of the confidentiality system and measures.
At present, we have helped customers to successfully connect with the renovation projects of coal-fired units of China Resources Group, Shenhua Group and Datang Group, among which China Resources Tongshan Power Plant has been put into operation after renovation and has achieved great economic and social benefits.
Overseas patent layout project of an information technology service co., LTD
The Client, a Information Technology Service Co., Ltd. (hereinafter referred to as "Technology of a Company"), is a wholly-owned technology subsidiary of an insurance company initiated and established by Ant Financial, Tennent and Ping An of China. A company technology focus on big data, cloud computing, block chain, artificial intelligence and other fields of basic technology research and development, the development of block chain product business line, insurance business line, intelligent data business line, and the corresponding research results in the domestic application of a large number of patents. Layout of the world for service, a company plans to start with domestic patent as the priority of science and technology, to the United States, Europe, Japan, Korea, southeast Asia countries patent project, project size to millions, facing the whole country law by public bidding, bid except HIWAYS also includes the leading law firms at home and abroad and the patent agency. In the end, HIWAYS led the bidder, based on their rich experience in agency and litigation, successfully stood out and won the bid. Now the first phase of the project has been successfully launched.
This project is extremely complex: In view of the domestic priority at the beginning of the text in writing, many did not consider the layout, and review standards vary from country to country, therefore in the domestic application for priority to apply for to go to the United States, Europe and other countries, is facing a lot of modification work, and restrictions on the change from the priority date and substantive law, how to secure both established priorities, and to make originally is not in conformity with the foreign patent application can get authorization, this needs to be patent agents should be familiar with China, the United States, Europe and other countries of the patent law, still need to be familiar with the PCT, Paris convention, PPH and other international agreements, Moreover, the technical solutions involved in the invention have to be completely digested and modified in a very short period of time, which is quite difficult. This project can not only help a company's technology to win a favorable position in the international market competition, but also strengthen the customer's confidence in resolutely implementing the strategy of "going out".
The non-lawsuit project of the overall intellectual property protection especially the trade secret protection of an enterprise in Shanghai
This project to the Shanghai some company is the largest domestic hazardous waste disposal unit, in the medical waste incineration, hazardous waste landfill in areas such as advanced technology has a leading position in the whole country, at the same time with its in waste incineration disposal in the field of engineering design, construction and operation experience and brand advantage, the clients are all over the country more than waste disposal projects to provide technical output, technology consulting and other services, the urgent need to set up own business secret protection system, through the perfect related system to realize the core technology protection, improve enterprise benefit and continue to enhance the competitiveness of enterprises, the multiple objectives, Therefore, I entrusted my team to build a sound enterprise trade secret protection system for it, to prevent and eliminate the hidden danger of disclosure, to ensure the overall interests and long-term development of the enterprise, and to adapt to the fierce market competition. After accepting authorization, this team with rich experience in business secret legal services, comprehensive analysis of enterprise, to provide services from three aspects: first, to the client on the subject of trade secret protection of intellectual property due diligence and issue a report on the legal due diligence, including understanding of enterprise overall situation, investigation, important is the commercial secret protection clauses in the contract, preliminary comb various functional departments of the business secret protection and classified information. Second, on the basis of due diligence, help the entrusting party to establish a sound trade secret protection system. The specific work includes: setting up a trade secret management structure suitable for the actual situation of the enterprise, and assisting various departments to formulate the corresponding secret levels for specific trade secrets. Third, considering the core technology to the numerous and multiple departments, the relevant technology of cross flow between the various specific departments, to build huge commercial secret protection system, in order to achieve the best effect of the protection of business secrets, my team through constant feedback adjustment to perfect the related system and supporting measures, and applicability to guide the training organization. Through the promotion of this project, the enterprise will effectively enhance employees' awareness of confidentiality and clarify their confidentiality responsibilities. Meanwhile, in the process of establishing and constantly improving the trade secret protection system, the enterprise will identify its own advantages and values, and point out the direction for the enterprise to formulate long-term development plans.
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