Bing Guan
Greater China Region Guide 2024
Band 5 : Intellectual Property: Litigation (PRC Firms)
Band 5
About
Provided by Bing Guan
Practice Areas
Intellectual Property, Dispute Resolution, Entertainment and Sports
Guan, during her practice, represented the clients in relation to a large number of intellectual property litigation cases, and also served as the legal counsel of many well-known Chinese and foreign enterprises and institutions, providing relevant legal services, including intellectual property strategy formulation, drafting and formulation of companies' internal rules, licensing, transfer and protection of intellectual property. In addition, Guan also provided legal services for many cultural and entertainment media companies in relation to performance contracts, copyright licensing, film and television distribution, infringement on portrait. Guan is skilled at providing high-quality and effective legal solutions for enterprises from the perspective of clients’ development, helping enterprises maximize their interests, and has won wide trust and praise from clients. In 2020, Guan was selected into the foreign-related lawyer talent pool of Beijing Lawyers Association, and was selected as one of the “Top 15 Litigators in China” by Asian Legal Business (ALB). In 2022, Guan won the "Sino-Japanese Trademark Exchange Contribution Award" jointly granted by CTA and JPAA as well as “Client Choice: Top 15 IP Versatile Practitioners” granted by LEGALBAND.
Career
2006-Present East & Concord Partners, Managing Partner of Beijing Office, Head of the IP Department
2000-2005 Beijing Tianwei Partners, Associate
Professional Memberships
Foreign-related Lawyer Talent Pool of Beijing Lawyers Association (intellectual property and information security, civil and commercial litigation and arbitration), Member
Internet & Intellectual Property Protection Alliance, Honorary Member
Xuzhou Intellectual Property Protection Center, Expert
Beijing Lawyers Association, Member
All China Lawyers Association, Member
Clients
Partner Guan Bing has represented a number of well-known Chinese and foreign enterprises and organizations such as Fujifilm Corporation, Tianjin Tongxin Import & Export Co., Ltd. of Northern International Group, DeNA Corporation, Warner Records Ltd., Toshiba Corporation of Japan, and the Music Copyright Society of China in trademark, copyright and unfair competition infringement lawsuits and intellectual property rights administrative complaints. Among them, Ms. Guan represented Fujifilm Corporation and Tianjin Tongxin Import & Export Co., Ltd. of Northern International Group to sue the counterparties in the Supreme People’s Court, and won in both cases. The relevant litigations were reported and interpreted by many media such as China Intellectual Property News, China Intellectual Property Information Network, IP House and NetEase Subscription as typical cases. Furthermore, Ms. Guan, as the agent of Warner Records Ltd., won the music copyright infringement dispute against Beijing Chinatown Catering & Entertainment Co., Ltd., which was one of the top ten typical intellectual property cases in Beijing in the same year.
In addition, Ms. Guan also serves as the legal advisor of many domestic and foreign companies such as the National Ballet of China, Beijing China Ballet Performance Co., Ltd., JETRO Beijing Office, Matsushita Electric (China) Co., Ltd., Nippon Electric (China) Co., Ltd., Nippon Cigarette Business Management Co., Ltd., Technology Transfer Center of Chinese Academy of Sciences, Shokai Nomura Real Estate and Takara, providing legal services to them on IPR customs protection, IPR licensing, transfer and protection, assisting them in formulating IPR strategies, and providing legal services on matters such as performance contracts, copyright licensing, film and television distribution, and portrait right infringement.
Languages Spoken
Chinese, Japanese
Work Highlights
To serve as legal advisor for the music composition and production project of the opening and closing ceremonies of the Beijing 2008 Olympic Games undertaken by a group in Beijing;
To serve as an intellectual property consultant to the Beijing Organizing Committee for the 2022 Olympic and Paralympic Winter Games in relation to disputes over infringement of related copyrights and trademarks;
To represent an import and export company and a certain in a retrial of dispute over trademark infringement and unfair competition against a musical instrument company in Tianjin, in which the Supreme People’s Court revoked the judgment of the first and second instance which was unfavorable to the import and export company and ruled in favor of the import and export company in the retrial;
To represent a Japanese company and its three Chinese subsidiaries in a retrial of dispute over the return of patent license fees against an optical company in Taiwan and an optical company in Dongguan (Case No. 2 of the International Commercial Court of the Supreme People’s Court). The case went through four levels of trial and retrial proceedings from the primary court to the Supreme People’s Court, and the Supreme People’s Court recognized Ms. Guan’s representation and finally ruled to dismiss the opposing party’s lawsuit;
To represent a German company in a trademark infringement and unfair competition dispute against an international trading company in and a personal care products company in Guangdong, having assisted the client in obtaining well-known trademark recognition so as to obtain cross-class protection and in receiving high compensation;
To represent a German company in a litigation regarding the dispute over infringement of trade name rights and unfair competition against a Chinese company, having successfully helped the client to revoke the other party's trade name;
To represent a copyright society in China in a dispute over infringement of the right of information network dissemination of works against a netcom technology company in Beijing and win in both trials;
To represent a network technology company in Shanghai in a dispute over the copyright of the online game Saint Seiya against an interactive technology company, having helped the client to obtain a high amount of settlement;
To represent a large state-owned enterprise in a dispute over infringement of trademark rights and unfair competition against a limited company, having helped the large state-owned enterprise to win the case and to successfully revoke the defendant’s trade name;
To represent a major Japanese electrical appliance company in an administrative litigation against the China National Intellectual Property Administration and a third party Mr. Wang, having helped the client obtain the recognition of a well-known trademark and successfully revoke the third party’s disputed trademark;
To serve as legal advisor to the Technology Transfer Center of a national academy of sciences, having provided comprehensive legal opinions and response plans on matters of IP rights and interest protection, IPR and scientific and technological achievements transfer and transformation;
To serve as legal advisor to the intellectual property department of a Japanese organization’s Beijing office (an independent administrative corporation), having provided legal opinions and response plans for IPR protection of Japanese companies in China;
To be responsible for the IPR compliance management service project of a major Japanese electrical appliance company in China, having established a unique IPR compliance management system for the company, revealed IPR risks from such perspectives as personnel compliance, system compliance, documentation compliance and data compliance, and proposed solutions;
To be responsible for a large trust company’s information system R&D and operation legal consulting services project, having provided legal services for its IRP protection, compliance and operation at all phases of developing the information system.
Expert in these Jurisdictions
China
Education
Renmin University of China
LL.M.
Renmin University of China
LL.B.
Awards
recommended Lawyer in The Legal 500 Asia Pacific Guide
The Legal 500 Asia Pacific,2023
2023
selected in the lawyer directory of "Brand Guide for Premium Intellectual Property Legal Services (2023)"
Legal Vision
2023
Sino-Japanese Trademark Exchange Contribution Award
CTA and JPAA
2022
"client choice :Top 15 IP Versatile Practitioners"
LEGALBAND
2022
selected as "top 15 Litigators in China"
ALB
2020
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East & Concord Partners
China
Key Sectors
Provided by East & Concord Partners
Art and Entertainment
Industrials, Engineering and Manufacturing
Retail and Consumer
Sport
Technology, Media and Telecoms (TMT)