Wenxuan Chen

Languages Spoken

English, Mandarin, Cantonese

Practice Areas

Patent & Trade Secret;

Antitrust & Anti-Unfair Competition;

Trademark, Copyright, Domain Name;

Data Compliance & Protection;

Internet, TMT;

Cross-Border Negotiation;

Intellectual Property License and Assignment;

Commercial Litigation & Arbitration;

Corporate Compliance

Career

Dr. Wenxuan Chen has a distinguished career spanning roles as a prestigious judge, senior legal counsel, and lawyer, accumulating extensive practical experience across various industries, businesses, laws, and regions.

Previously, Dr. Chen served as a Presiding Judge at a Beijing Intermediate People's Court, where he adjudicated over 800 cases involving intellectual property, antitrust, and commercial matters. He also played a recognizable role in the development of a number of judicial policies and interpretations under the Supreme People's Court of China. His contributions include White Book on China's Judicial Policy on Intellectual Property, the Judicial Interpretation on Trial of Patent Infringement Disputes, the Judicial Interpretation on Trial of Patent Reexamination and Invalidation Proceedings, the Judicial Interpretation on Trademark Review and Adjudication, and the Judicial Interpretation on E-commerce and Rights of Network Dissemination.

Dr. Chen joined Alibaba Group in 2014, taking on the role of Lead Intellectual Property Protection Counsel and Leader of Nonstandard Dispute Resolution Team, responsible for managing complex, high-stakes and novel types of disputes. During his tenure at Alibaba, Dr. Chen engaged with a diverse array of issues across various sectors, including E-commerce, cloud computing, logistics, digital entertainment, film and televisions, health and medical care, big data, social media, marketing, and e-finance.

Professional Memberships

Dr. Chen holds a prestigious position as a Standing Fellow with the China Intellectual Property Society. He also contributes his expertise in various capacities, including serving as an External Supervisor at Law School of Renmin University of China, an Arbitrator of South China International Economic and Trade Arbitration Commission, an External expert of Patent Examination Cooperation Center at China National Intellectual Property Administration. Dr. Chen is an active member of Patent and Trade Secret Working Group of International Chamber of Commerce (ICC), a member of the Digital Economy and Artificial Intelligence Professional Committee of the Beijing Lawyers Association, and a member of the Foreign-related Law Committee of the Beijing Lawyers Association. He is also recognized as a Foreign-related IPR Protection Expert of Guangzhou IP Protection Center.

Publications

Dr. Chen has made significant contributions to the field of intellectual property and antitrust law through his publications, including the Chinese translation of Principles of Antitrust authored by University of Pennsylvania Professor Herbert Hovenkamp (2023). Additionally, he authored the influential book Patent Boundary -Interpretation of Claims and Policy Adjustment of Protection Scope (2014). Dr. Chen has also co-authored 5 books, including Selected Chinese Patent Cases which has been translated into English and published by Wolters Kluwer (2014). Furthermore, Dr. Chen once participated in 17 research projects at the national, provincial, and municipal level. And he has published more than 40 journal articles.

Work Highlights

- Dispute Resolution:

• Represented VMI Holland B.V. to win a series of patent infringement and trade secret litigations before various Courts in China, including the Supreme People’s Court of PRC.

• Represented a well-known enterprise in winning a series of EDA software infringement litigations before the Supreme People’s Court of PRC.

• Represented Sate Grid Corporation to win a patent invalidation case before the Supreme People’s Court of PRC.

• Represented a noted corporation to win a patent invalidation case relating to 5G technology before the Supreme People’s Court of PRC.

• Represented a well-known enterprise in dealing with disputes over infringement, invalidation, and rate-setting of telecommunications standard-essential patents.

• Represented a well-known enterprise in handling rate-setting and antitrust disputes related to mobile telecommunications standard-essential patents.

• Represented a renowned conglomerate in responding to significant antitrust litigation regarding innovative business models before the Beijing People's High Court.

• Represented a national association in responding to an antitrust investigation by the National Anti-Monopoly Bureau.

• Represented a well-known platform in responding to antitrust litigation.

• Represented ByteDance/Douyin Group in handling a series of milestone litigations regarding individual privacy protection and personal data security.

• Represented Alibaba Group to win the first case before the Chinese court to extend protection for big data.

• Represented a leading German environmental engineering enterprise in patent litigations and licensing issues.

• Represented a globally renowned American chemical materials company in dealing with patent invalidation disputes.

• Represented Gulong Copyright Committee in copyright protection litigations and enforcement proceedings.

• Represented Moody's Inc. in winning a domain name dispute involving “moodys.cn”.

• Represented a Singaporean medical device manufacturer in winning business defamation and unfair competition lawsuits.

• Represented a noted company to defend copyright lawsuits concerning work of art issues.

• Represented an innovative smart wearable device manufacturer to defend validity challenges.

• Represented A-Map Co.Ltd. in winning patent administrative procedures and administrative litigations.

• Represented Ali Cloud Computing Inc.to win the first case regarding cloud computing service provider's liability issues.

• Represented the T-mall Inc.and Taobao Inc.to win the first preliminary injunctions against “flow hijack” practice in China.

• Represented Taobao Inc.to win the first case against “click farming” practice in China.

- Non-litigation Compliance:

• Assisted Alibaba Group with compliance matters.

• Assisted ByteDance/Douyin Group with compliance matters.

• Assisted TAL Education Group with compliance matters.

• Acted as external legal counsel for the Chinese Football Association in the bidding and preparation process for the 2023 AFC Asian Cup.

• Acted as external legal counsel for the Chinese Football Association in the bidding process for the 2021 FIFA Club World Cup.

• Represented a large pharmaceutical company in completing global intellectual property transfer negotiations and transactions.

• Assisted State Grid Corporation in handling intellectual property protection and compliance matters in a certain projects.

• Provided personal information protection and data compliance services for a well-known global financial group.

• Provided personal information protection and data compliance services for a renowned international private equity fund.

• Provided personal information protection and data compliance services for an international luxury goods brand.

• Provided corporate compliance services for a gaming company.

• Provided corporate compliance services for a social media platform.

Education

Awards