C H I N A Brand Protection & IP Litigation Expert

Profile & Services June 2017

w w w . l a w j a y . c o m . c n

B E I J I N G • S H A N G H A I • G U A N G Z H O U

http://www.lawjay.com.cnhttp://www.lawjay.com.cn

The Firm

Lawjay Partners is among China’s leading IP law firms. We provide legal services across the full spectrum of IP: trademarks, copyright, unfair competition, patents, trade secrets and technology. Best known for our IP litigation practice relating to trademarks, copyright and unfair competition, we handle among the world’s most famous brands. Headquartered in Beijing, we have a branch office in Shanghai and in Guangzhou.

Lawjay Partners had been shortlisted for Boutique PRC Law Firm of the Year by Chambers and Partners, and consistently garners impressive reviews from The Legal 500, World Trademark Review, Who’s Who Legal and MIP among others. Currently, Lawjay Partners also ranks as among the 2017 Asian Legal Business Top 10 Firms to Watch by Thomson Reuters and the 2016 Top 10 for IP Litigation in China by IPHOUSE.

Widely known for pioneering various effective measures and strategies to combat trademark infringement and counterfeiting, we represent among the world’s most famous brands, such as LVM, Prada, Chanel, Burberry, Gucci, Michael Kors, Zegna, Pandora, Stussy, Aesop, Rotork, Microsoft and Nokia among others.

Among the recent victories we have won for top luxury brands include obtaining an award of RMB 4.3 million in damages in a trademark infringe-ment action against an online counterfeiter and its online service provider, winning a lawsuit against an OEM that exported counterfeit goods, and a triumphant lawsuit against a popular Chinese e-commerce platform that sold fake luxury goods. Likewise, the Supreme Court and the PRC National Bar Association respectively ranked a trademark case we handled as among the 2014 Top 10 IP Litigation Cases in China, and LVM’s landlord liability cases have been ranked as among the QBCP Top 10 Best Practice Cases for 2015-2016 and the Top 50 Best Practices IP Litigation Cases in China for 2014, while other cases were ranked as Top 10 IP Litigation Cases in other provinces.

Dr. James Luo, the firm’s managing partner, is counsel of choice for top international luxury brands, and is recognized as among China’s leading IP lawyers by Chambers and Partners, World Trademark Review, Who’s Who Legal, Legalband and MIP among others. James presently sits as a legal expert of the Supreme Court’s IP Case Law Center expert advisers committee and was recognized by the Beijing Bar Association as among the Top 10 IP Lawyers in Beijing.

Lawjay Partners has established close contact with China’s relevant government departments, and forged long-term cooperative relationships with several renowned international law firms such as Bird & Bird LLP, Mayer Brown JSM, Simmons & Simmons LLP, Akin Gump Strauss Hauer & Feld LLP, Polsinelli PC, Chas. Hude A/S, Finlaysons, Knobbe, Martens, Olson & Bear LLP, Rutan & Tucker LLP and Awapatent AB. We work together to deliver first class intellectual property advice and service in order to protect your most valuable asset—your company’s intellectual property in the China market.

About Lawjay PartnersWell known for its experience in trademark litigation, Lawjay Partners also represents foreign luxury brands in patent, copyright, anti-counterfeiting and technology transfer matters, among others.

Managing partner James Luo has 
significant experience in trademark and copyright litigation. — The Legal 500

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Leading representatives of luxury brands 
in China. Extensive experience assisting multinational corporates with IP rights litigation and strategy. This boutique IP firm is particularly known
for its trademarks and litigation skills. — Chambers and Partners

With ancillary expertise in unfair competition, trade secrets and internet law, Lawjay Partners has a panoramic view of brand protection. Its cosmopolitan outlook and close relationships with foreign associates makes it a preferred choice for prestigious worldwide brands, particularly in the fashion sector, where it is instructed by the likes of Chanel, Burberry, Gucci and Prada. Combining practical wisdom with peerless legal thinking, James Luo captains the side magnificently. — World Trademark Review

• Trademark prosecution: • Trademark search and evaluation of registrability • Domestic and international trademark registration • Facilitate trademark assignment and licensing agreements, and

other commercial transactions involving trademarks

• Facilitate recordals of trademark assignments and licenses • Perform trademark due diligence and audits to identify blind spots

in their portfolios that require immediate attention

• Trademark opposition and cancellation proceedings • Trademark and unfair competition litigation • Providing advice and support on overall strategy, including separation

of high level infringers from low level infringers; advising on the level of enforcement merited

• Conducting surveys and market sweeps to find which infringers require special treatment in the form of, for example, criminal prosecutions, local protectionism cases or judicial actions

• Managing in-depth investigations, liaising with the relevant agencies for administrative and criminal raids

• Attending raid actions where the target requires high level
involvement e.g. criminal prosecution or high profile civil proceedings

• Representing clients in civil and criminal actions, preparing litigation strategy, applying for preliminary injunctions, assets preservation 
and/or evidence preservation

• Carrying out informal actions such as sending cease and desist letters • Assisting with customs enforcement: applying to the General

Administration of Customs for IP recordals, applying to seize infringing products, coordinating verification of counterfeiting, seek transfer of cases to the police for criminal investigation, etc.

Trademarks & Unfair Competition

Trademarks & Unfair Competition Services

Lawjay Partners is most known for its trademark and unfair competition litigation practice for which it has garnered international acclaim. We handle among the world's most famous brands, safeguarding and maximizing the value of their intellectual property across China.

Lawjay Partners stands at the forefront of trademark protection in China, actively lobbying for reforms to China’s trademarks system and had pioneered various effective measures and strategies to combat

trademark infringement and counterfeiting such as landlord/market management liability for trademark infringement and counterfeiting.

As demand for luxury goods increases in China, so too does demand for counterfeits.

Lawjay is responding with a robust
disputes offering, established to assist

producers of luxury, fashion and 
other goods in protecting their trademarks


via civil suits and criminal enforcement. It has struck a balance of depth and agility.
Peers note that its “market share, credibility
and strength are growing all the time”; for many, “is our first port of call for litigation.”

— World Trademark Review

An IP boutique with a robust reputation
for trade mark protection and enforcement.

Also offers top-end international brand owners expertise in copyright, unfair

competition and patent matters. The team is excellent in trade mark

infringement and civil litigation. — Chambers and Partners

The firm has collected an impressive list
of luxury brand clients and acts on behalf
of many global fashion retail brands and companies in various actions relating to

trademark infringement. — Managing Intellectual Property

Trademarks & Unfair Competition Practice

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Copyright is among the key practice areas of Lawjay Partners. We provide legal services across the full spectrum of copyright including film, music, media, commercial software, electronic games, websites and online service providers.

Lawjay Partners is widely acknowledged for its ground-breaking efforts in copyright litigation and enforcement. Time and again we had aided various multinational companies in successfully prosecuting

and enforcing against copyright infringers. As a testimony to this, from 2011 to 2013, Lawjay Partners had been receiving the Best Practice Award from Microsoft for its meritorious efforts in cracking-down software piracy across China.

• Representing clients in civil and criminal actions, preparing litigation strategy, applying for preliminary injunctions, assets preservation and/or evidence preservation

• Coordinating and managing copyright enforcement programs

• Attending raid actions where the target requires high level involvement e.g. criminal prosecution or high profile civil

proceedings

• Carrying out informal actions in the form of sending cease and desist letters

• Carrying out intellectual property due diligence and audits to identify “blind spots” in their portfolios that require immediate attention

• Facilitating copyright registration

• Preparation of copyright license agreements

• Filing copyright license agreements for recordation

• Investigating the existence, scope, ownership and commercial exploitation of copyright rights, rights of publicity and character merchandizing rights

Copyright

Copyright Services

The firm has developed a respected practice for the success achieved in contentious trade mark and copyright cases. The firm has collected an impressive list of luxury brand clients.

In copyright, the team has achieved triumph in software infringement matters.

— Managing Intellectual Property

From 2011 to 2013, Lawjay Partners
had consistently garnered the
Microsoft Best Practice Award 
for its meritorious efforts in
cracking down software piracy
across China.

Copyright Practice

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• Patent prosecution and related services

• Patent enforcement, litigation and dispute resolution

• Analysis on patent infringement, patent invalidation and Freedom-to-Operate issues

• Filing patent/technology license agreements for recordation

• Preparation of patent/technology license agreements

• Preparation of patent/technology transfer agreements

• Carrying out intellectual property due diligence and audits to identify “blind spots” in their portfolios that require immediate attention

Our Patents Services

Yearly, Lawjay represents
various international clients


in over 100 civil and criminal actions
for IPR infringement.

Patents

Lawjay Partners provides advice to various multinational companies on

prosecution, licensing and transfer of patents and technologies in

China. We provide strategies for safeguarding patents and

technologies and possess an excellent track record for enforcing rights

against infringers. The firm is likewise a duly-licensed patent agent and

provides efficient patent prosecution services.

Having in-depth experience in key sectors such as electronics,

information technology, telecommunications, machinery, chemistry and

pharmaceuticals, our patent team consists of specialist lawyers having

technical backgrounds and hold engineering and science degrees.

Patents Practice

Quality is Lawjay’s focus.
We try our best to satisfy every


client’s requirement
to the greatest extent we can.

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• Copyright, patent, trademark, unfair competition and other intellectual property issues affecting IT and technology in general

• Analysis of software and website source code, databases and other electronic media to determine IP infringement

• Trade secrets and other confidential information

• Technology licensing or transfer agreements

• Software and website development agreements

• Computer software, online/electronic games and electronic media

• Websites, Internet and E-commerce

• Domain name disputes

We have specialists in electronics, IT, telecommunications, machinery, chemistry and pharmaceuticals sectors. Many of our lawyers have Ph.D. degrees in law and/or had obtained foreign graduate degrees.

Our bilingual lawyers represent international clients in civil litigation, administrative actions and criminal enforcement in the fields of trademarks, patents, copyright, unfair competition, computer software, technology,
among others.

Trade Secrets & Technology

Lawjay Partners’ technology practice covers commercial, contentious and transactional matters, with emphasis on copyright, patent, trade mark and other intellectual property issues affecting IT and technology in general.

Our IT team is composed of lawyers who have degrees in technical

and scientific disciplines and have accumulated in-depth IT industry

experience. The team has specialist lawyers who are computer

programmers by profession, and can competently analyze source

code, databases and other forms of electronic media from the

technical, business and legal perspectives.

We represent IT industry leaders in technology-related litigations

involving, among others: software, online/electronic games, websites,

e-commerce and domain names. We also provide advice to

multinational companies on strategies for safeguarding their

technology, trade secrets and other confidential information.

Trade Secrets & Technology Practice

Trade Secrets & Technology Services

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With ancillary expertise in unfair competition, trade secrets and internet law, Lawjay Partners has a panoramic view of brand protection. — World Trademark Review

Business

• Formation of Foreign Invested Enterprises (FIE), including negotiation and drafting of contracts and articles of association, equity structuring

and management structuring:

• Wholly Foreign-Owned Enterprises (WFOE)

• Joint Ventures: Equity Joint Ventures (EJV) and
Cooperative Joint Ventures (CJV)

• Foreign-Invested Commercial Enterprises (FICE)

• Representative Offices (RO)

• Legal and business due diligence

• Advice on IP in commercial transactions

• Negotiation/drafting of international commercial contracts

• Commercial arbitration (Mainland China and Hong Kong)

Our Business Services

We invest in building long-term relationships with our clients and understand better the legal issues

surrounding them, which helps us to better serve our clients


efficiently and cost-effectively.

Lawjay Partners provides advice on general corporate and commercial matters. Our niche lies in advising multinationals in the establishment of foreign invested enterprises or facilitation of various international commercial transactions involving a substantial amount of intellectual property, technology, trade secrets or know-how.

Members of our Corporate team had worked for top international firms

providing advice on commercial matters across various jurisdictions and

had acquired advanced law degrees in major jurisdictions such as the US,

Europe, Canada and Asia. Certain partners of the Firm are distinguished

commercial arbitrators in renowned arbitration institutions such as the

China International Economic and Trade Arbitration Commission

(CIETAC), the Chinese European Arbitration Center (CEAC), and the

Hong Kong International Arbitration Centre (HKIAC).

Corporate & Special Projects

We aim to ensure that our clients
receive the best possible legal advice


that is delivered on time.
We provide practical and commercial

advice without sacrificing accuracy.

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The popular James Luo brings a wealth of international experience to the group, especially on the trademarks enforcement front. Noted for his strong track record handling significant IP lawsuits, he is a trusted adviser to prominent luxury brands. He is counsel of choice amongst overseas clients. Interviewees comment: “I have always thought very highly of James.”
“He is efficient and we have confidence in him.” — Chambers and Partners

Dr. James Luo

Dr. James Luo, managing partner of Lawjay Partners, is counsel of choice for international clients. He is consistently ranked by Legalband as a Band-1 Leading Individual in IP Litigation and by MIP as a Trademark Star, and is recognized as among China’s leading IP lawyers by Chambers and Partners, World Trademark Review, Who’s Who Legal, among others.

Every year, James represents various top luxury brands and world-famous marks in over a hundred civil and criminal lawsuits for trademark and copyright infringement. He likewise regularly works with prestigious international law firms such as Bird & Bird LLP, Mayer Brown JSM, Simmons & Simmons LLP, Akin Gump Strauss Hauer & Feld LLP, Polsinelli PC, Chas. Hude A/S, Finlaysons, Knobbe, Martens, Olson & Bear LLP, Rutan & Tucker LLP and Awapatent AB.

With over 20 years’ experience in IP law, James is an established legal authority in IP litigation and enforcement. In 2013, James was recognized by the Beijing Bar Association as among the Top 10 IP Lawyers in Beijing, and in 2015 as an outstanding committee director having chaired the association’s trademark committee which was also recognized as an outstanding committee. He had served as chair of the China sub-committee of INTA’s anti-counterfeiting committee, and vice chair of the Quality Brands Protection Committee. He is a former IP partner at Bird & Bird and had worked for Baker & McKenzie, Motorola and prestigious law firms.

As among the most influential figures in China’s IP practice, James had been instrumental in countless legal reforms in China’s IP regime. He presently sits as a legal expert of the Supreme Court’s IP Case Law Center expert advisers committee. During the recent amendment of the Trademark Law, he was sought to provide comments on its corresponding implementing regulations, TRAB rules and judicial interpretations.

James earned his PhD in IP at Renmin University of China and his LLM in IP at King’s College London, and was a visiting scholar to the University of London and a visiting researcher at Franklin Pierce Law Center. James is a guest professor at Renmin University of China School of Law and China University of Political Science and Law, and frequently speaks at domestic and international conferences.

James Luo: Top 10 IP Lawyer in Beijing James Luo is admired for his tireless campaigns on behalf of many household-name luxury goods companies. [He] is at the apex of the profession, widely admired by clients and competitors alike. — World Trademark Review

James Luo has significant experience in trademark and copyright litigation. — The Legal 500

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James Luo is a well-regarded practitioner in this area. With extensive trade mark litigation experience in court, he is especially renowned for representing prominent luxury brands. He also has an excellent reputation for his impressive expertise and commercial skills.

— Legalband

Our Team Many of our lawyers have Ph.D. degrees in law and/or

had obtained foreign graduate degrees. The team consists of specialists having industry expertise in the luxury goods and services, sports, information technology, telecommunications, electronics, machinery, chemistry

and pharmaceuticals sectors.

Our bilingual lawyers represent international clients in civil litigation, administrative actions and criminal enforcement

in the fields of trademark, patent, copyright, unfair competition, IT and computer software, among others.

Quality of Our Work Quality is paramount to us. We try our best to satisfy every

client’s requirements to the greatest extent we can. We aim to ensure that our clients receive the best possible legal advice that is delivered on time. We provide practical and commercial advice without sacrificing accuracy.

Job Allocation and Supervision Every project will be supervised by a partner. The partner will have responsibility for the progress and supervision of the project in conjunction with assistants and specialists.

Work is delegated to the most cost-efficient level consistent with maintaining a high quality service.

Costs & Billing We normally bill on an hourly basis according to time

spent plus reasonable disbursements. We are also open to alternative billing arrangements on a project-by-project basis, particularly for investigations, administrative raids, customs actions, criminal enforcement or civil actions.

We can also provide a one-year package service whereby we would conduct a market survey to determine a suitable budget for the entire year, and we will work with

you within that budget to conduct the agreed number of investigations, market sweeps, administrative raids, customs actions, criminal raids (if possible) and undertake

civil litigation. In addition, we can offer volume discounts where justified by the level of work.

Our Team & Our Work

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Led by James Luo, IP boutique Lawjay Partners has a solid reputation in trade mark and copyright infringement litigation, with a particular eye towards representing foreign luxury brand owners including Pandora, Gucci, Michael Kors and Ermenegildo Zegna. It also has experience in patent, unfair competition, trade secrets, anti-counterfeiting and technology transfer matters. Thomas Huang and Hunter Wang are ‘very highly regarded’ for their ‘knowledge and attention to detail’. — The Legal 500

Many lawyers in the team have spent times overseas and this experience gives the firm an added edge in the market. The team acts for a range of clients including many of those in the luxury goods sector. — Chambers and Partners

Lawjay is an excellent example of a Chinese firm that truly knows the priorities of international brands. Its lawyers have the necessary experience and broad perspective that helps them break down barriers when it comes to cross-border litigation. Complex trademark, copyright and unfair competition disputes are all in a day’s work for its accomplished litigators, including managing partner James Luo, a favourite of fashion houses.

— World Trademark Review

Thomas Huang 
Partner

Hunter Wang
Partner

Jinzhu Du
Partner

Tiemin Su 
Senior Consultant

James Luo
Managing Partner

Lawjay Partners (北北京罗杰律律师事务所)

BEIJING Head Office: 818 China World Office Tower 1 
1 Jianguomenwai Avenue Chaoyang District, Beijing 100004 China Tel: +86 10 5933 5500 Fax: +86 10 5933 5501 Email: info@lawjay.com.cn

SHANGHAI Branch Office: 3608 Bund Center 222 Yan’an Dong Road Shanghai City 200002 China Tel: +86 21 2312 1288 Fax: +86 21 2312 1212 Email: info@lawjay.com.cn

GUANGZHOU Branch Office: 3503 Riverside Business Complex Center 298 Yanjiang Zhong Road Guangzhou City 510110 China Tel: +86 20 8328 0141 Fax: +86 20 8328 0140 Email: info@lawjay.com.cn

Web: www.lawjay.com.cn

At the heart of China.

At the leading-edge of IP practice.

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