PROFILE

Education: Bachelor of Law

University: Northeast University of Finance & Economics

Qualification: Attorney at law (1994)

SUMMARY

Mr. Kai Yang, attorney at law, is a senior associate in the firm. He obtained a bachelor’s degree in law when graduating from the Law School of the Northeast University of Finance & Economics in 1991. He started practicing law in 1994. Mr. Yang further received extensive training on trademark related laws and practice organized by AOTS in Japan in 2003.

Mr. Yang worked for two law firms as an attorney before joining Liu, Shen & Associates in 2000. Now Mr. Yang works in the Legal Department of the firm and has handled many trademark opposition and cancellation cases as well as many trademark related administrative proceedings before the TMO, TRAB and the Courts. Mr. Yang is also an expert in advising clients on various IP related laws such as copyright, unfair competition, license contract and trade secrets. His working laguanges are Chinese and English.

-     Li Ning Company v. Putian Yuxin Trading Co., Ltd., infringement of the "Li Ning and Device" registered trademark, involving customs protection of intellectual property rights. Mr. Yang represented Li Ning Company and won the case.

-     Heineken v. Trademark Review and Adjudication Board, “喜力” trademark review opposition review litigation case. Mr. Yang represented Heineken and won the case. This is the first time that the people’s court of the first instance permitted the trademark owner to supplement the submission of new evidence in the trademark administrative litigation proceeding. The case was included in the 2004 edition of the Chinese Trademark Report, Volume 1.

-     Beijing Xiyangyang Culture Development Co., Ltd. v. Samsung China and Samsung Tianjin, the neighboring right dispute. Mr. Yang represented Samsung, and this case was settled via mediation.

-     US Fine Art Lamps v. Zhongshan Juguang Lighting Co., Ltd, copyright infringement on product catalogs and lamp products. Mr. Yang represented US Fine Art Lamps and won the case in both first and second instances. This is the first time that Chinese court identified lighting products as "works of art with practical functions" and should be protected by copyright law. The case was chosen as the top ten intellectual property cases at Beijing Second Intermediate Court in 2006, meanwhile was covered by the related US medias.

-     DESCENTE LTD v. Shenzhen Zouxiunet Company, trademark infringement. Mr. Yang represented the trademark holder DESCENTE LTD and won the case. This case is the first trademark infringement case against group-buying websites, and the court affirmed that the group-buying websites should be responsible for the trademark infringement. This case was chosen as the top ten intellectual property cases in Beijing High Court in 2012, and was chosen as one of the top 50 top ten intellectual property cases by the Supreme Court.

-     Representing BASF, Merrill Lynch, Chivas, Anheuser-Busch, Matsushita Timberland and many other famous brands to crack down on fake products, through the local Administrations of Industry and Commerce.

-     “Team Beatles” trademark opposition review administrative litigation. Mr. Yang represented the owner of merchandising right of the Beatles to stop the other’s registration of “Beatles” as trademark and finally won the case in the first and second instance at Beijing Intermediate Court and Beijing High Court. This is the first time that Chinese court admitted the merchandising right upon the band’s name.

-     Beijing Daoxiangcun v. Suzhou Daoxiangcun, Mr. Yang represented Beijing Daoxiangcun and finally won the case in the re-trail instance at the Supreme Court. This case has typical meaning in resolving the disputes among numerous time-honored brands, and was chosen as one of the top 10 IP cases in 2014 by the Supreme Court.

-     Series of Cock device trademark cases, in these cases, Mr. Yang represented for the trademark owner DESCENTE LTD, prevented the other party from imitating the famous trademark.

-     Represented for HACHETTE FILIPACCHI PRESSE in the customs IP protection case in Beijing Customs, in which case the trademark holder tracked down more than 13,000 items of trademark infringing clothes. This case is the biggest case that Beijing Customs handled in 2016, and was reported by CCTV, BTV, Beijing Daily and other medium.