Peter Huang
ShanghaiSenior Partner
Profile
Peter Huang is a senior partner of HIWAYS Law Firm, deputy director of the Intellectual Property Department and a member of the supervisory Board of the Firm. Peter Huang graduated from the Law School of Fudan University with a master degree. He is now the Secretary General and invited researcher of the Intellectual Property Research Center of Fudan University, part-time master tutor and practical course lecturer of Fudan University Law School, expert of Shanghai International Trade Intellectual Property Overseas Rights Protection Service Base, and an arbitrator of Tianjin Arbitration Commission. Peter Huang used to work in the Shanghai office of Rouse & Co. International LLP, and was the core litigator of Rouse China Dispute Resolution Department.
Peter Huang now provides legal services mostly for multinational enterprises, covering industry areas such as manufacturing industry, retail chain, film and television media, real estate, hotel, fashion, licensing, medical treatment, furniture, etc. Peter Huang has represented numerous well-known multinational clients including Universal City Studios LLC, Beijing Universal Resort, New Balance, Spin Master, Scotch Whisky Association, BABYZEN, DIAGEO, BRITA, Markor Furnishings, Burberry, VALEO, MARS, Saint-Gobain, etc. Peter Huang has extensive experiences in handling difficult and complex intellectual property litigations in courts across China, formulating rights protection strategies, handling various investigations initiated by government departments and conducting various commercial negotiations and handling various disputes. Peter Huang has represented many example cases which are selected as the top ten cases of the Supreme People's Court or the top ten cases of the provincial people's court.
Typical Cases
- Represented Universal City Studios in a copyright infringement lawsuit and obtained a compensation of 5 million CNY, which was fully executed. The compensation is currently the highest compensation for art works cases in China; the case was awarded 2021 Top 10 Typical Cases of Judicial Protection of Intellectual Property Rights in Jiangsu Province Courts & Top 10 Civil Cases of 2021-2022 QBPC (Quality Brands Protection Committee China Association of Enterprises with Foreign Investment).
- Appointed by Beijing International Resort Co., Ltd. and Universal City Studios LLC., represented the special actions of protecting intellectual property rights of Beijing Universal Resort, won Asia IP Magazine's 2022 China IP Awards: Enforcement Firm of the Year.
- Represented SPIN MASTER, a world-renowned toy manufacturer, to initiate criminal prosecution and won its first criminal verdict for a work of applied art in China.
- Represented NEW BALANCE in the unfair competition lawsuit against Shenzhen New Balance Company, won a full compensation of 10 million and the interim injunction order, and applied for the court to issue a maximum judicial fine amount for the infringer's violation of the injunction order. The case was awarded as 2018 Top 10 Intellectual Property Cases in Chinese Courts by the Supreme Court.
- Represented NEW BALANCE in two unfair competition lawsuits against Niubalun (China) Co., Ltd. in Shanghai Huangpu Court and Shanghai Pudong Court, claimed for a compensation of 30 million. Pudong Court’s judgment support a compensation of 10.8 million and Shanghai Huangpu Court issued an inter-court injunction.
- Represented the Scotch Whisky Association, won its first civil and criminal judgment for a collective trademark in China.
- Represented Markor Furnishings, won the trademark infringement lawsuit against a malicious squatter in Shanghai Yangpu Court, and the court dismissed all the claims of the malicious squatter, including the claim of a 5-million CNY compensation.
- Represented in the administrative penalty case investigated by Beijing Tongzhou Market Supervision Bureau dealing with Ardor Hotel’s trademark infringement of "环球影城". The case was awarded as 2021 Top 10 cases of trademark administrative protection by CNIPA, 2021 Top 10 cases of Intellectual Property Law Enforcement by Beijing Municipal Market Supervision Departments, 2021 Top 10 cases of Administrative Protection of Intellectual Property Rights in Beijing.
- Represented in the administrative penalty case investigated by Beijing Market Supervision Bureau dealing with unfair competition by using the unique name of the well-known service "环球影城". The case was awarded as Top 10 administrative cases of 2021-2022 QBPC (Quality Brands Protection Committee China Association of Enterprises with Foreign Investment).
- Represented in the administrative penalty case investigated by Comprehensive Law Enforcement Team of Beijing Cultural Market dealing with the infringement of "Minions" and "KungFu Panda" Art Works. The case was awarded 2021 Top 10 Copyright Cases of the International Association for the Protection of Intellectual Property (AIPPI) China Branch and 2021 Top 10 Cases of the National Copyright Administration in Cracking down on Infringement and Piracy.
- Represented DIAGEO, the world's largest liquor company, in more than 30 trademark civil and criminal litigations, won all cases.
- Represented BRITA, initiated a criminal prosecution against a counterfeit manufacturer and won its first criminal judgment for trademark infringement in China.
- Represented French company BABYZEN in 7 YOYO baby carriage patent infringement lawsuits in Hangzhou Intermediate Court, filed a lawsuit against the plaintiff's malicious actions, and forced the malicious infringer to compensate BABYZEN 2 million and stop infringement in the settlement.
- Represented Spin Master in an intellectual property dispute with a large local toy manufacturer in China, based on an innovative dispute resolution strategy and negotiation, made the local toy company transfer the disputed patent to Spin Master for free and compensate for corresponding losses.
- Represented Markor Furnishings in Beijing Chaoyang Court, won the first injunction in an un-fair competition case regarding un-fair price comparisons, won a large compensation award of 4.8 million yuan.
- Represented a well-known multinational luxury goods company in an intellectual property anti-monopoly investigation case and provided related legal consultations. The case was thus withdrawn by law enforcement authorities.
- Represented Italian company SOFIMA in a contract dispute lawsuit against SANY, reached a settlement in favor of SOFIMA (the target amount is around 20 million).
- Represented a military industry client in a contract dispute lawsuit, won a 45 million judgment.
- Represented Markor Home Furnishings(One of the largest furnishing company in China) in a dispute over trademark infringement and unfair competition and won a ten million CNY judgment, which was ranked as the top of the intellectual property typical cases issued by Xinjiang High Court for the year 2023, as well as the highest amount of compensation in intellectual property cases in Xinjiang of 2023.
- Represented Markor Home Furnishings in winning the second instance of the architectural works of the Markor ART CENTER in the Inner Mongolia High Court (the case was amended in the second instance), which is a typical intellectual property case of architectural works in China after the Porsche architectural works case - the first of the top ten intellectual property rights cases in China of 2008, which is of landmark significance for the whole industry.
- Represented a leading domestic visual hardware technology company in filing an administrative complaint against a technical secret infringement, and obtained a favorable result for the client.
- Represented a leading domestic intelligent cleaning technology company in a series of unfair competition lawsuits against a direct competitor, and ultimately reached settlements in favor of the client in all of the lawsuits represented.
- Represented Universal City Studios LLC in an administrative penalty case against the unauthorized use of the infringing logos “Jurassic World” and “The Croods” in a children’s play, which won the “Top Ten Typical Cases of Intellectual Property Enforcement by Beijing Municipal Market Supervision Department in 2023” and the “Typical Cases of Optimizing Business Environment in Beijing Municipal IPR Field in 2023”.
- Represented Universal City Studios LLC in obtaining China's first administrative penalty against copyright infringement of the “Blue” dinosaur image from “Jurassic World”.
- Represented Universal City Studios LLC in its first IP case in China for the Super Mario Bros. movie, and obtained a 500,000 RMB penalty from the Wuxi Municipal Market Supervision Bureau against the infringer.
- Represented Universal City Studios LLC in an administrative guidance case to prevent the dilution of the name of “Minions”, which was awarded the QBPC Top Ten Cases in 2023-2024.
Social Responsibilities
Secretary General of Intellectual Property Research Center of Fudan University
Invited Researcher of Intellectual Property Research Center of Fudan University
Practical Tutor for Master of Laws, Fudan University
Lecturer of practice courses at Fudan University Law School
Standing Director of the Third Council of the Law School Branch of Fudan University Alumni Association
Part-time Master Tutor of Shanghai University of Political Science and Law
Expert of Shanghai International Trade Intellectual Property Overseas Rights Protection Service Base
Arbitrator of Tianjin Arbitration Commission
Awarded as “IP Elite of Yangtze River Delta”
Awarded as “(the 4th session) Excellent Intellectual Property Lawyer of China”
Expert Consultant for the Pudong New District Fair Competition Committee
Guiding Expert for Overseas Intellectual Property Dispute Resolutions in Hangzhou
Public Speeches, Lectures and Books
From April 2019 to now, as an invited lecturer, responsible for the practical course of "Intellectual Property Legal Practice" for Fudan University Law School, won "Excellent Practice Course of Fudan University Law School" for two consecutive years. The book Intellectual Property Legal Practice (Peter Huang as the first author) will be published by the Law Press, and will be used as the textbook for the practice course of Fudan Law School.
In May 2017, was invited to participate in the 2017 China Science and Technology Law Forum and delivered a speech on "License and Protection of Film Derivatives".
In November 2015, was invited to participate in the seminar on the 20th anniversary of the establishment of Intellectual Property Research Center of Fudan University, delivered a speech on "What will happen to intellectual property criminal incidental civil lawsuits under the new situation.
In September 2016, was invited to participate in the International Intellectual Property Criminal Protection Conference held in London, shared practical experience in criminal protection of intellectual property in China.
In July 2019, was invited by New Zealand Consulate in Shanghai, gave a speech on "IP Enforcement in China"
Invited as a lecturer to teach “Intellectual Property Law Practice” credit course for the students of Fudan University Law School from April 2019 to present, and awarded “Outstanding Practice Course of Fudan University Law School” for three times, and his first-authored book “Intellectual Property Law Practice Tutorial” will be published by Law Press, and will be used as the teaching material for the practice course of Fudan University Law School.
Education Background
- Master of Laws, Fudan University
- Bachelor of Laws, Ningbo University
Wechat public account
