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想要在中国成为一名优秀的知识产权律师并非易事——不仅要有着跨行业的博学,还要体现专业上的精深。对于今年上榜的十五位IP律师而言,这样的挑战已经成为日常工作的一部分。他们正加快脚步,在瞬息万变的法律和商业环境中稳步向前。

既懂法律又懂行业才能成为一名优秀的律师已经是法律界的共识,而随着行业发展与细化,专精于某一领域的律师甚至被冠以“某某”行业专家型律师的标签,业界也出现了关于律师行业化划分的讨论声音。

但就知识产权领域而言,按行业划分律师的情况并不普遍。事实上,如果你查阅这十五位上榜律师的履历,你会发现他们几乎都活跃在多种行业中。汉坤律师事务所知识产权专家张涛律师兼有清华大学工学博士学位(机械设计专业),但他所擅长的行业并不局限于此,而是横跨机械、汽车、半导体、TMT(科技、媒体和电信)、生命科学与健康等行业。他表示:“从整个知识产权法律服务领域的角度看,行业化划分似乎还远未成为普遍的现象。可能在生物医药、通信、音视频等技术门槛和产业热度都较高的行业,很多业务都集中到了一批业务熟练、知名度较高的知识产权律师身上,但其他大多数行业并没有明显的行业细分。”

天驰君泰律师事务所高级合伙人、版权专家张杰律师同意这样的看法。根据他和团队在数字出版、融合出版、影视娱乐、互联网版权、动漫、游戏、教育培训、网络平台与App开发运营等方面丰富的律师实务经验,张律师坦言:“知识产权律师的行业化细分程度,与执业地区及所属产业的发展阶段有直接关系。在文化创意产业、科技产业发达的地区,呈现出行业对法律服务的细分化需求,这决定了知识产权律师是否有条件实现行业化细分。在经济相对落后或者文化产业、科技产业不突出的地区,知识产权律师的行业化细化还远远不够。”

万慧达律师事务所合伙人朱志刚律师是商标、著作权和不正当竞争领域的专家,他的业务涉及快速消费品、时尚美妆、化工、游戏行业、娱乐、食品和饮料等多个行业。据他观察,知识产权律师的专业化更多表现在业务领域上,“比如有些律师专长娱乐法,有些有技术背景的律师专攻专利诉讼,有些律师精通337调查类案件,还有律师特别擅长商业秘密案件等。”

在行业划分较为细致的专利领域,跨行业现象在律师群体当中也十分普遍,并且也存在必要性。金杜律师事务所合伙人邰红律师主要从事化学,医药和生物领域的专利类业务。她以国际通用的专利分类号(IPC)为例,说道:“每一个IPC号代表着一个划分到极细致的专业领域。但是,一项专利往往不会只有一个IPC号,也就意味着一个专利既包含某个领域最细化的技术,同时又是多领域交叉的成果。也即知识产权行业在专业领域逐渐细化的同时呈现出多领域交叉的趋势,医药领域中对于药品耐药性、副作用的监测模型可能包含通信领域的算法,对于我们从业人员来讲,这些情形对能力要求更高,也给了我们更多的学习机会。”

她还表示:“专利制度的本意是为了促进科技的发展。随着某些领域技术的快速发展,这些领域类别下的专利数量特别巨大。例如提及标准必要专利(SEP),大家脑海中第一闪现的就是通信领域。通信领域的SEP因全球性、技术独占性强、技术难度极大、市场价值大等因素而普遍存在,但并不意味着不从事通信领域就无需学习SEP的知识。我所在的药品领域也存在围绕标准必要专利之争的案例,例如金杜的知识产权团队曾经代理过四环制药与齐鲁制药围绕马来酸桂哌齐特注射液的纠纷案,该案是国内首例制药行业中涉及标准必要专利(SEP)的侵权案件。”

因此,邰律师认为,知识产权律师在自己的专业领域扎根细作是行业的要求,也是专业人员必须进行的积淀,但同时也不可忽视关注其他方向的技术进展。

立法动态下的企业需求

20211月,新修改的《专利审查指南》开始施行。20216月,新修订专利法生效。张涛律师告诉ALB,新专利法和新的审查指南修改草案对于中国的专利制度带来不少新的变化,也使得企业在专利申请和权利行使方面有了更多的需求:

首先,外观设计制度出现了根本性的变化,局部外观设计的引入不仅仅扩大了外观保护的客体范围,同时将对外观设计的专利性判断和侵权判断的方法带来实质性的影响。外观设计保护时间延长到15年,以及中国加入海牙协定的前景,使得企业在外观设计布局上有了更多的选择和更强的动力。汉坤外观团队在外观设计申请、无效和侵权方面有深厚的积累,一直在积极学习和探索新制度下为客户提供最优的布局方案,获得稳定和保护范围合适的外观设计专利权,以对设计成果提供最优的保护。

其次,专利侵权中惩罚性赔偿和赔偿证据举证责任倒置的引入,进一步强化了专利保护的政策导向,会使企业更有动力积极行使权利和进行创新,提升了高质量专利的价值。知识产权律师一方面应提升自身处理侵权诉讼的能力,满足客户积极行权的需求,另一方面也应帮助客户谨慎做好前期稳定性分析和取证等准备工作,避免行权不成专利反被无效的不利后果。

第三,药品专利链接制度的建立也为在仿制药上市之前解决与原研药专利权人之间可能发生的专利侵权提供了法律基础和操作指南。擅长医药行业申请和诉讼的律师需要尽快熟悉相关联的各类法律规定和具体实操要求,充分利用新的制度,为客户提供专业的服务。

邰红律师向ALB分享了一则关于企业新需求的例子:“根据目前上述新规定,化学仿制药申请人提交药品上市许可申请时,需要对被仿制药相关的药品专利作出声明,其中,四类声明-该药品专利应当被宣告无效;或者其仿制药未落入相关专利权保护范围是会引发争议的条款。原研药企一方得到上述声明的通知之后,可以就申请上市药品的相关技术方案是否落入相关专利权保护范围向人民法院提起诉讼或者向国务院专利行政部门请求行政裁决。虽然早在药品专利有效期补偿及药品专利链接制度的规定被引入之前,原研药企和仿制药企之间围绕专利的纠纷也不在少数,但是制度引入之后,药品专利有了新游戏规则,这些规则也将迫使国内外的药企需要基于自身的利益重新布局下一步的战略规划,这其中涉及的咨询、应对策略都是企业的新需求,也是我们知识产权律师需要应对的方向。”

此外,今年,最高法院还发布了《关于审理侵害知识产权民事案件适用惩罚性赔偿的解释》(以下简称《惩罚性赔偿解释》)。惩罚性赔偿解释中明确规定:被告经原告或者利害关系人通知、警告后,仍继续实施侵权行为的可以初步认定被告具有侵害知识产权的故意。对此,邰红律师表示:“我们给客户提供的服务中,专利查新和技术自由实施(FTO)都是对已经存在的专利风险所做的排查,如果我们为客户出具的专业法律意见中已经发现了潜在侵权风险,那么可以帮助客户在后续工作中对技术方案进行专利规避,降低侵权风险。北京知识产权法院曾经公布过该院审理的涉化学药品专利案件有近七成主体涉外,涉外的药品专利案件往往具有涉案金额巨大的特点,对于有海外市场需求的企业尤其需要建立专业的风险应对机制。同时作为我们知识产权律师,更应该加强系统学习、了解相关立法背景、了解企业的实质需求,以期为企业提供更有针对性的服务。”

同样于20216月开始施行的还有新著作权法。张杰律师观察到著作权法的颁布对版权的各个行业都有不同程度的影响。他表示:“版权产业的产业特点决定了它需要版权法及时保护智力成果,需要及时制止侵权,需要及时进行版权的各种许可或转让,版权产业的每一步发展都与版权法息息相关。企业需要懂版权、懂产业,有丰富律师实务经验的律师为他们提供专题培训、日常版权项目指导、合同风险防范、专项问题解答、纠纷处理等多层次多角度的法律支持。在此需求下,律师不仅仅要深入领会立法精神,更重要的是要熟悉这些法律制度在产业是如何落地、如何操作的,要能在具体项目的推进中提供务实的法律解决方案而不仅仅是原则性的法律意见。”

综合来看,朱志刚律师认为,知识产权领域的法律更新针对一些疑难问题提供了更高效、便捷的救济途径,“有了立法层面的保障,企业就有可能把这些疑难问题提上议事日程。”

以近几年发展尤为迅猛的直播行业为例,朱志刚律师告诉ALB,直播行业一度鱼龙混杂,制假售假、著作权侵权以及不正当竞争行为层出不穷,而且,由于当时立法比较滞后,很多侵权的问题难以处置。20214月,国家互联网信息办公室等七部委联合发布了《网络直播营销管理办法(试行)》,明确将网络直播营销活动经营者类比为《中华人民共和国电子商务法》规定的“电子商务平台经营者”或“平台内经营者”。据此,《中华人民共和国电子商务法》将适用于网络直播营销活动,网络投诉等法律行动也有法可依,必然会增加企业使用法律武器维护自身权益的积极性。

给年轻律师的建议

从前文所述不难看出,知识产权律师既要涉猎广泛,又要跟得上立法更新,因此,保持学习的状态自然而然就成为了几位受访律师对青年一代共同的建议。邰红律师说:“专利法指南更新速度非常快,专利确权的标准、侵权认定的标准等不断有新的规定涌现,只有保持不断学习的状态,才能提高个人的专业能力,更好地服务于客户。”她还建议青年律师养成良好的执业习惯,“如对案件的评估分析习惯、法律文件的制作习惯、案件工作的记录习惯、与团队或者客户进行及时汇报的习惯、善于总结、独立思考和撰写文章的习惯等,这些好的习惯将让你终身受益。”

张杰律师还强调:“版权法律事务常常是需要从细节入手,踏踏实实做好每一个细节。细节决定着律师的专业水平和别人对律师的评价。在做好细节的同时,还要培养对于诉讼案件或项目的全局把控能力或策略思路。日常工作里做好时间管理,做好工作规划,做到有效积累。”

张涛律师的建议是:“作为青年律师,一定要在工作中坚持学习,紧跟技术、法律和商业发展的前沿。首先,提高自身的技术理解能力,做好技术人员和法官或审查员之间的联络人,尽可能从一个‘本领域技术人员’的角度来理解技术,剥离案件的技术外壳,准确呈现其中的法律内核。其次,大量阅读相关判例和学术著作,对法律原理、类似规则和相关判例做深入和全面的理解。而且,也需要了解客户所在行业的商业逻辑,培养自身敏锐的商业嗅觉,主动为客户提供更符合商业利益的诉讼策略和服务。”

朱志刚律师鼓励青年律师积极拥抱变化。他说:“跟上时代的脚步,保持知识更新适应客户需求和业务发展,是必修的一门课程。与此同时,律师行业还是个尤其注重知识积累、总结和提炼的行业。知因果而知者,始得真知。作为律师,我们只能脚踏实地,坚持不懈,慢慢积累,没有捷径。我个人非常欣赏曾国藩的‘结硬寨,打呆仗’的战术。我觉得这六个字特别适合律师行业,也希望将这六个字转送给知产领域的青年律师们,希望青年律师们能够抱朴守拙,稳健进取,成就一番事业。”

展望未来

对于未来,邰红律师坦言,打造“生物医药行业最值得信赖的专利团队”是她和团队不断努力的方向和目标。“我们代理过一些在生物医药行业具有重大影响力的案件,并在此之上积累了一些成果,这是与团队成员扎实的专业知识、无私的敬业精神和成员之间紧密的协作不可分割的。在将来,我和团队会继续夯实专业知识,以始终如初的精神对待每一位客户、每一个案子,为客户提供专业、优质、高效的法律服务,也不负我们团队在客户中的良好声誉。”她说道。

张杰律师告诉ALB,未来,他和团队会进一步发挥团队熟悉产业实务、熟悉版权产业上下游各端的产业经验优势,在大版权产业,包括融合出版、影视娱乐、信息网络、知识服务、游戏、动漫等细分领域做更深更广的挖掘。在为客户提供法律意见的同时,能为客户的发展提供高价值的法律解决方案。在做宽国内产业服务的同时,把版权服务延伸到文化创意产业发达的国家也是他们下一步的战略目标之一。

“让我骄傲的是,我们的杰律团队是一个有信仰、有行动、能打硬仗、有担当的专业型团队,这是我们实现下一个目标的重要条件保证。”张杰律师说。

张涛律师表示,希望在未来几年,汉坤的知识产权团队能在规模和专业服务水平上再上一个台阶,引入和培养更多的青年律师和专利代理师,满足客户在知识产权获权、行权和交易等各方面的需求。一方面针对客户的特定需求提供更为贴心的定制服务,提高服务的质量,另一方面也对常规业务进行模块化和标准化的规范调整,提高服务的效率。

朱志刚律师则对ALB说:“我们会继续坚守客户至上的理念,从客户商业利益入手,以解决客户的实际问题为导向,尽可能为客户提供价值最大化的法律和商业解决方案。”

There is a growing consensus in the legal industry that a good lawyer should have specialized legal expertise and profound knowledge of industries. With the development of niche markets, lawyers specialising in certain areas are called expert lawyers in those industries, and there have been discussions about industry-based market segmentations for law firms.

But in the field of intellectual property, it is not common to divide lawyers into different groups by industries. Looking at 15 lawyers who have made the list this year, we find that almost all of them are active in a variety of industries. Zhang Tao, an intellectual property expert at Han Kun Law Firm, has a PhD in engineering (mechanical design) from Tsinghua University. In addition to mechanical design, he also specializes in other industries such as machinery, automobiles, semiconductors, TMT (technology, media, and Telecommunications), life sciences and health. "From the perspective of the entire market of intellectual property legal services, I don't think that the industry-based division of lawyers has been a common phenomenon. Maybe in some hot industries or industries with high technical thresholds, such as biomedicine, communications, and audio and video, a group of skilled and well-known IP lawyers have been handling most of the cases; but in most other industries, there is no obvious market segmentation," he says.

Zhang Jie, senior partner and copyright expert at Tiantai Law Firm, echoes this opinion. Zhang and his team have extensive experience in digital publishing, integrated publishing, film and television, entertainment, Internet copyright, animation, games, education and training, network platform and App development and operation. "The degree of legal service market segmentation for IP lawyers is directly related to the practice regions and the development stages of the related industries. In regions with developed cultural and creative industries and technological industries, there is a relatively high demand for the industry-based legal service market segmentation, which determines whether IP lawyers can be divided into industry-based groups. But in regions where the economy is relatively backward or the cultural and technological industries are not quite developed, there are far from enough conditions to divide IP lawyers into industry-based groups," Zhang says.

Zhu Zhigang, partner at Wanhuida Intellectual Property, is an expert in the areas of trademark, copyright and unfair competition. He handles cases involving fast-moving consumer goods (FMCG), fashion and beauty, chemicals, gaming, entertainment, food and beverages and other related industries. According to his observations, the specialization of IP lawyers is more reflected in business areas. "For example, some lawyers specialize in entertainment law, some lawyers with technical background specialize in patent litigation, some lawyers are good at handling Section 337 investigation cases, and some lawyers are in particular good at handling cases involving trade secrets," he says.

In the patent area where legal services are categorized based on different industries, it is quite common, and necessary, too, for IP lawyers to handle cases involving different industries. Tina Tai, partner at King & Wood Mallesons (KWM), mainly handles patent cases involving chemical engineering, pharmaceuticals and biology. Taking the International Patent Classification (IPC) as an example, she says: "Each IPC number represents an extremely detailed and specific field of technology. However, a patent often does not have only one IPC number, which means one patent not only contains the most detailed technology in a certain field, but also is a result that involves multiple fields of technology. That is to say, the IP sector gradually becomes more segmented and specific in terms of industries, and meanwhile shows a trend of intersection of multiple industries. For example, in the pharmaceutical sector, the model for monitoring drug resistance and side effects might include algorithms used in the telecommunications field. These scenarios pose higher requirements for lawyers, and meanwhile, give us more opportunities to learn."

"The patent system is intended to promote the development of science and technology. With the rapid development of technology in certain sectors, we see a huge number of patents in those sectors. For example, when we talk about standard-essential patents (SEP), the first thing comes to our mind is the telecommunications sector. Given the global attribute, technological exclusivity, extreme technical difficulty, and high market value of the telecommunications sector, SEPs widely exist in this sector. But it doesn't mean that you don't need to know about SEPs if you don't handle cases involving the telecommunications sector. I've handled some cases in the pharmaceutical sector which involved disputes over SEPs. For example, in the case of Beijing Sihuan Pharmaceutical Co., Ltd. ("Sihuan Pharm") v. Qilu Pharmaceutical Co., Ltd. ("Qilu Pharmaceutical"), which involved a dispute over cinepazide maleate injection, the IP litigation team of KWM represented Sihuan Pharm, and succeeded in the patent infringement trial. It is the first infringement case involving SEP in the pharmaceutical sector in China," Tai adds.

Tai believes that it is the industry's requirement that IP lawyers should work vigorously to build solid and strong expertise, which is also the necessary accumulation of experience for all legal professionals; at the same time, it's necessary to pay attention to the technological progress in other directions.

NEW LEGISLATIONS

The newly revised Patent Examination Guidelines took effect in January this year, and the newly amended Patent Law came into force in June. Zhang of Han Kun tells ALB that the new Patent Law and the revised Patent Examination Guidelines have brought many changes to China's patent system, resulting in an increase in the enterprises' demands for services related to patent filing and exercise of patent rights.

First of all, the design-related provisions in the system have undergone fundamental changes. The introduction of (the concept) of partial design not only expands the scope of objects of the design protection, but also has a substantial impact on the judgment methods for the patentability and infringements concerning designs. The extension of the design protection period to 15 years and the prospect of China's accession to the Hague Agreement have given enterprises more choices and stronger motivation in terms of the layout of designs. Han Kun's design team has extensive experience in design patent application, invalidation and infringement, and has been actively learning and exploring to provide clients with the best layout plans under the new system, to help clients obtain design patent rights with the stable and suitable protection scope, so as to provide the best protection for the design results.

Secondly, the introduction of punitive damages and the inversion of the burden of proof for compensatory evidence in patent infringement have further strengthened the policy orientation of patent protection, enabling enterprises to be more motivated to actively exercise rights and innovate, and enhancing the value of high-quality patents. On the one hand, IP lawyers should improve their ability to handle infringement lawsuits to meet the needs of clients to actively exercise their rights. On the other hand, they should help clients carry out preparation work carefully, such preliminary stability analysis and evidence collection, so as to avoid unfavourable results such as failure to exercise their patent rights and invalidation of their patents.

And finally, the establishment of the drug patent linkage system also provides the legal basis and operational guidelines for resolving disputes involving possible patent infringements with the patentees of the drugs of original research before the relevant generic drugs are marketed. Lawyers who are good at handling patent applications and litigations in the pharmaceutical industry need to familiar themselves with all the related stipulations of laws and specific practical requirements as soon as possible, and make full use of the new system to provide clients with quality services.

Tai of KWM shares with ALB an example to demonstrate the new needs of enterprises. "According to the prevailing new rules, when filing an application for the marketing license for a chemical generic drug, the applicant must make a statement on the drug patent related to the generic drug, among which, the Statement of Category IV, which is the drug patent in question should be declared invalid, or the generic drug thereof does not fall within the scope of protection of the relevant patent rights, is the clause that will cause disputes. After being notified of the aforesaid statement, the pharmaceutical enterprise of the drug of original research may bring a lawsuit to the people's court or apply with the patent administration department under the State Council for an administrative ruling on whether the relevant technical scheme of the generic drug to be marketed falls within the scope of protection of the relevant patent rights. Although there were already many patent disputes between pharmaceutical enterprises of drugs of original research and generic drug companies before the implementation of the provisions on compensation during the drug patent validity period and the introduction of the drug patent linkage system, after the introduction of these new rules and new systems, there are new game rules for drug patents. These rules and systems will force domestic and foreign pharmaceutical companies to rearrange their next strategic planning based on their own interests; therefore, IP lawyers will see demand increase in terms of consulting services and helping clients formulate response strategies. I think this is the direction for IP lawyers," Tai says.

In addition, the Supreme People's Court issued the Interpretations of the Supreme People's Court on the Application of Punitive Damages in the Hearing of Civil Cases Involving Intellectual Property Rights Infringement (hereinafter referred to as the "Interpretations on Punitive Damages") this year. The Interpretations on Punitive Damages clearly stipulates that the people's court may preliminarily determine that the defendant has the intention to infringe on IPRs if the defendant continues to commit the infringement after being notified or warned by the plaintiff or the interested party. "In terms of the services we provide to clients, the patent novelty search and freedom to operate (FTO) are to check the existing patent risks. If potential infringement risks can be discovered through the professional legal opinions we issued to our clients, it can help the clients to avoid the relevant patents in the technical solutions for their later-on work, so as to reduce the risk of infringement. According to an announcement of Beijing Intellectual Property Court, nearly 70% of the chemical drug patent cases heard by the Court involved foreign entities, and foreign-related drug patent cases often involve huge amounts of money. It is in particular necessary for companies with overseas market demand to establish effective risk response mechanism. At the same time, as IP lawyers, we should strengthen systematic study, understand the relevant legislative background, and understand the actual needs of enterprises, so as to provide enterprises with more targeted services," Tai adds.

The new Copyright Law also takes effect in June 2021. Zhang of Tiantai observes that the new Copyright Law has impact on all industries, although the degree of impact varies. "The characteristics of the copyright sector determine that it needs the Copyright Law to protect intellectual achievements in a timely manner, to stop infringements in time, and to carry out various licensing or transfers of copyrights in a timely manner. Each step of the development of the copyright sector is closely related to the Copyright Law. Enterprises need lawyers who have profound knowledge of copyright, know their industries, and have extensive law practice experiences to provide them with multi-level and all-round legal support such as special training, day-to-day guidance in projects involving copyrights, contract risk prevention, special problem solving, and dispute resolution. In this context, lawyers should not only have a deep understanding of the spirit of legislation, but also be familiar with how these legal systems are implemented and operated in the relevant industries, so that they can provide practical legal solutions for advancing the specific projects, instead of the principled legal opinions only," he says.

Zhu of Wanhuida believes that revision and amendment of IP-related laws and regulations provide more efficient and convenient remedies for some difficult problems. "With legislative protection, enterprises can put these difficult problems on their agendas," Zhu says.

Take the live-streaming industry, which has seen extremely rapid growth in recent years, as an example. Zhu tells ALB that the live-streaming industry was once a mixed bag with plenty of cases involving counterfeits, copyright infringements, and unfair competition; moreover, with law lagging in the sector, many infringement-related problems were very difficult to deal with. In April 2021, the Cyberspace Administration of China and six other departments and ministries jointly promulgated the Administrative Measures for Live streaming Marketing (For Trial Implementation), clearly referring operators engaged in live steaming marketing activities as the E-commerce platform operators or operators doing online businesses over e-commerce platforms which are stipulated in the Electronic Commerce Law of the People's Republic of China. Therefore, the E-commerce Law shall be applicable to live streaming marketing activities, as well as the related legal actions such as online complaints, which will surely make enterprises more motivated to protect their rights and interests through legal means.

ADVICE TO YOUNGER LAWYERS

As noted above, IP lawyers need to be both knowledgeable and up to date with legislation, so keeping up with learning naturally became a common tip for the younger generation among the lawyers interviewed. Tai says: “The patent law is updated at a very fast pace, and there are constantly new regulations on the standards of patent right confirmation and infringement identification. Only by maintaining a state of constant learning can we improve our professional ability and better serve our customers.” She also suggests young lawyers to develop good practice habits, “For example, the habit of case evaluation and analysis, the habit of writing legal documents, the habit of recording case work, the habit of timely reporting with the team or customers, the habit of being good at summarizing, independent thinking and writing articles, etc., these good habits will benefit you for life.”

Zhang Jie also adds: “Copyright legal affairs often need to be detail-oriented, to make sure all details are covered. Details determine a lawyer's professional level and others' evaluation of the lawyer. Meanwhile, we should also develop the overall control ability or strategic thinking for litigation cases or projects. Do a good job in time management, work planning, and effective accumulation in daily work.”

Zhang Tao gives his advice from three aspects. “As a young lawyer, you must keep learning in your work and keep up with the forefront of technology, law and business development. First , enrich your knowledge to better understand the technology. Try to be a good liaison between the technical personnel and the judge or examiner, try to understand the technology from the perspective of technician, but also peel the technical shell of the case to see the legal core in it. Secondly, read a lot of relevant cases and academic works, and have a thorough and comprehensive understanding of legal principles, similar rules and related cases. Additionally, it is also necessary to understand the business logic of the industry in which the customer is working, develop keen business sense, and take the initiative to provide customers with litigation strategies and services that are more in line with business interests.”

Zhu Zhigang encourages young lawyers to actively embrace the changes. He says: “Keep up with the pace of the times, and keep knowledge updated to meet customer needs and business development. At the same time, the legal profession is largely about knowledge accumulation, summary, and refinement. Just like the old saying goes, ‘He who knows cause and effect knows truth’. Personally, I really appreciate Zeng Guofan's war tactics, which was to fight with a solid base. I think it is a tactic particularly suitable for the legal profession, and I want to give such wisdom to young lawyers in the field of intellectual property. I hope that the young lawyers can stay curious, steadily move forward, and build a successful career.”

LOOKING TO THE FUTURE

For the future, Tina Tai tells ALB that she and her team will strive to build “the most trustworthy patent team in the biomedical industry.” She says: “We have represented some of the most influential cases in the biomedical industry, and have accumulated some results based on this, which is inseparable from the solid expertise of the team's lawyers, selfless dedication, and close collaboration among the members. In the future, my team and I will continue to consolidate our professional knowledge, treat every client and case with the same spirit as before, provide professional, high-quality and efficient legal services for clients, and live up to our team's good reputation in the market.”

Zhang Jie tells ALB that in the future, he and his team will further give play to the team's practice advantage of being familiar with all upstream and downstream ends of the copyright industry, and dig deeper and wider in the macro copyright industry, including integrated publishing, film and television entertainment, internet, knowledge services, gaming, animation and other subdivisions. While providing legal advice for clients, they will also provide high-value legal solutions to help clients' development. One of their strategic goals for the next stage is to extend copyright services to countries with developed cultural and creative industries while expanding their domestic services.

"What makes me proud is that our team is a professional team with faith, action, ability to work hard and fulfill our responsibility, which is an important condition for us to achieve the next goal." Zhang Jie says.

Zhang Tao's expectation, as he tells ALB, is that in the near future, the intellectual property team of Han Kun could be expanded and improve its professional services to a higher level, which means introducing and training more young lawyers and patent agents, and meeting the needs of clients in various aspects such as intellectual property rights acquisition, exercise and transaction. On the one hand, they will provide more considerate and customized services based on the specific needs of clients and improve the quality of services. On the other hand, they will also adjust the modularization and standardization of routine practices to improve the efficiency.

Last but not least, Zhu Zhigang tells ALB: "We will continue to adhere to the concept of 'customer first', adopting a business interests-oriented approach to solve practical business issues with legal advice that maximize value for our clients."

 

THE LIST

2021 ALB China Top 15 IP Lawyers
2021 ALB China

五佳知识产权律师

Cui Jun 崔军
DeHeng Law Offices 德恒律师事务所

Guo Shizhan 郭世栈
Tian Yuan Law Firm 天元律师事务所

Li Zhengning 李正宁
Hylands Law Firm 浩天信和律所事务所

Ma Dongxiao 马东晓
Zhong Lun Law Firm 中伦律师事务所

Ethan Ma 马宇峰
Orrick, Herrington & Sutcliffe 奧睿律师事务所

Clement Ngai 魏永强
Baker McKenzie FenXun 奋迅·贝克麦坚时联营办公室

Qiao Ping 乔平
Global Law Office 环球律师事务所

Rong Chao 戎朝
Boss & Young, Attorneys-at-Law 上海邦信阳中建中汇律师事务所

Tina Tai 邰红
King & Wood Mallesons 金杜律师事务所

Allen Tao 陶凤波
Liu, Shen & Associates 柳沈律师事务所

Jessica Xu 徐初萌
JunHe LLP 君合律师事务所

Yu Haidong 于海东
Lifang & Partners 立方律师事务所

Zhang Jie 张杰
TianTai Law Firm 天驰君泰律师事务所

Zhang Tao 张涛
Han Kun Law Offices 汉坤律师事务所

Zhu Zhigang 朱志刚
Wanhuida Intellectual Property 万慧达知识产权