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Intellectual Property & Competition law
Intellectual Property & Competition law
Intellectual Property & Competition law

Yingda is one of the earliest law firms in Hubei Province and Wuhan City to engage in competition and intellectual property-related businesses, and it is one of the very few law firms in Hubei Province with experience in both competition and intellectual property.

Under the leadership of Senior Advisor Professor Ning Lizhi, Yingda's competition and intellectual property team has participated in a significant number of projects related to corporate competition compliance, competition policy research, and legislative consulting, accumulating substantial experience in competition and intellectual property matters.

The lawyers and consultants in Yingda's competition and intellectual property team have extensive experience in providing professional advice to legislative and enforcement authorities. Some team members specialize in mergers and acquisitions and have experience in dealing with antitrust enforcement agencies and investigations, enabling them to provide professional legal advice on antitrust risk control in commercial transactions. They are capable of assisting large multinational enterprises, state-owned enterprises, private enterprises, and industry associations in establishing antitrust compliance systems. The legal team also has significant experience in administrative law services, providing ongoing legal advisory services to government agencies in Hubei Province such as the Transportation Department, Science and Technology Department, Development and Reform Commission, Municipal Urban Management Commission, and Municipal Sports Bureau. They understand the working processes and enforcement characteristics of government agencies and can ensure that administrative actions are legally compliant.

Members of Yingda's competition and intellectual property team hold Doctor of Law and Master of Law degrees. Professor Ning Lizhi, a team consultant, is a well-known expert in antitrust law in China. Team members are bilingual in Chinese and English, and some lawyers and consultants have received legal education or training at renowned universities or law firms in the United States, the United Kingdom, and Australia. They have participated in the drafting and revision of laws, including the Anti-Unfair Competition Law, the Anti-Monopoly Law, the Copyright Law, the Patent Law, and the Trademark Law. They have provided comprehensive professional services covering competition compliance, competition policy research, competition investigations, and competition legislation consulting. Yingda's competition and intellectual property team is one of the few and leading teams in Hubei Province in this field.

In the field of intellectual property disputes and protection, the team is equipped with experienced intellectual property litigation lawyers who work in collaboration with our patent agents and senior advisors to help clients successfully address challenges in the most challenging intellectual property litigation cases and maximize the protection of clients' legal rights.

The service scope of the competition and intellectual property team covers all aspects of antitrust, unfair competition, and intellectual property, including antitrust investigations, operator concentration declarations, antitrust and unfair competition civil litigation, antitrust and unfair competition risk control and compliance, and the antitrust practice related to intellectual property.

Intellectual Property & Competition law

(1) Antitrust Administrative Investigations

 

  • Represent clients in responding to administrative investigations by antitrust enforcement agencies into monopoly agreements.
  • Represent clients in responding to administrative investigations by antitrust enforcement agencies into abuse of market dominance.
  • Represent clients in responding to administrative investigations by antitrust enforcement agencies into monopolistic conduct through the abuse of administrative powers.
  • File reports with antitrust enforcement agencies regarding suspected antitrust violations by related enterprises.
  • Assist clients in conducting simulations related to antitrust administrative investigations and provide recommendations for response.
  • Assist clients in applying for leniency policies to obtain exemptions or reduced penalties.
  • Assist clients in submitting commitment applications to suspend or terminate investigations.

 

(2) Operator Concentration Antitrust Filings

 

  • Assist clients in filing operator concentration antitrust notifications to antitrust enforcement agencies.
  • Provide legal analysis on whether operator concentration requires antitrust notification.
  • Represent clients in pre-filing discussions with antitrust enforcement agencies regarding operator concentration filings.
  • Provide consulting, strategic analysis, and negotiation services for business divestiture, additional conditions, and other matters during the operator concentration filing process.
  • Raise objections and opposition to competitors' operator concentration activities.
  • Assist in reporting unreported operator concentration activities conducted by competitors.
  • Act as the overall coordinator for clients in coordinating operator concentration antitrust filings in various jurisdictions.
  • Challenge antitrust enforcement agencies' decisions through administrative review and administrative litigation.

 

(3) Antitrust and Anti-Unfair Competition Civil Litigation

 

  • Provide legal advice and strategic analysis for clients on antitrust and anti-unfair competition civil litigation.
  • Offer feasibility analysis for clients regarding antitrust and anti-unfair competition civil litigation.
  • Defend clients against antitrust civil litigation based on allegations of monopoly agreements, abuse of market dominance, abuse of administrative powers, intellectual property abuses, and other antitrust issues.
  • Initiate litigation on behalf of clients against others for antitrust law violations, and provide services for collecting evidence related to antitrust civil litigation.
  • Negotiate and sign agreements regarding settlement and mediation for antitrust civil litigation.

 

(4) Antitrust Strategic Consulting

 

  • Provide legal analysis on the legality of certain behaviors, determining whether they constitute monopolistic agreements.
  • Provide legal analysis on the legality of certain behaviors, determining whether they constitute abuse of market dominance.
  • Provide legal analysis on the legality of certain behaviors, determining whether they constitute administrative monopolistic behavior.
  • Conduct antitrust law compliance reviews for client's price negotiations, business contracts, strategic partnerships, competitive strategies, distribution channels, and sales models.
  • Assist clients in obtaining exemptions for monopolistic agreements.
  • Offer legal advice to clients to prevent risks related to the abuse of market dominance.

 

(5) Antitrust Analysis Involving Intellectual Property

 

  • Antitrust analysis of intellectual property licensing agreements.
  • Provide consultation on antitrust issues related to standard essential patents.
  • Analyze intellectual property policies of standard organizations.
  • Offer consultation on whether patent pools are subject to Chinese antitrust laws.
  • Analyze antitrust issues related to the abuse of intellectual property.

 

(6) Fair Competition Review

 

  • Provide analysis and consulting opinions on whether regulations, policies, and systems issued or planned by government departments comply with fair competition review systems.
  • Represent clients in requesting fair competition reviews of regulations, policies, and systems issued or planned by government departments or reporting regulations, policies, and systems that do not comply with fair competition review systems.

 

(7) Patents, Trademarks, and Anti-Unfair Competition

 

  • Intellectual property strategy consulting, management, and system establishment for enterprises.
  • Patent and trademark search and analysis, legal risk assessment, and prevention.
  • Domestic and foreign patent and trademark applications, as well as related administrative proceedings such as reexaminations and invalidations.
  • Patent and trademark operations and portfolio management, rights pledge, licensing, transfer, and negotiations on license agreement and trade in licenses.
  • Intellectual property infringement investigations, civil, administrative, and criminal litigation.
  • Intellectual property registration and administrative actions at customs.

 

(8) Copyright, Business/Trade Secrets, Domain Names

 

  • Legal services related to copyright registration, authorization, transfer, and copyright trade.
  • Identification, management, and system establishment for business/trade secrets of enterprises.
  • Comprehensive legal protection measures for business/trade secrets.
  • Disputes and civil litigation related to domain name disputes, domain names, enterprise names, trademarks, and other matters.

 

(9) Technology Contracts, Franchising

 

  • Planning, legal consulting, risk prevention, and dispute resolution for technology contract-related matters.
  • Legal consulting, operational management, and qualification filing for franchising.
  • Various disputes and dispute resolution during the performance of franchising contracts.

 

(10) Infringement Investigation and Administrative Complaints

 

  • Collection and investigation of clues and evidence for suspected intellectual property criminal cases and civil infringement cases.
  • Representation of all types of intellectual property rights holders in administrative complaints to competent authorities.

 

(11) Other Related Services

 

  • Provide legal analysis for the safety review of clients' competition and intellectual property businesses in China and other jurisdictions.
  • Provide antitrust law compliance training for clients.
  • Draft, compile, and update antitrust compliance handbooks.
  • Antitrust investigation simulations.
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Intellectual Property & Competition law