Yuanchao Ma

Expert in these Jurisdictions

PRC Bar

Practice Areas

IP Licensing & Enforcement, Cybersecurity & Data Protection, Litigation & Arbitration

Professional Memberships

Special-Appointed Professor, Lawyer Institute of East China University of Political Science and Law

Part-time Supervisor for master-degree students, East China University of Political Science and Law

Invited Researcher, IP Applied Research Center of Shanghai University School of Law

Part-time Supervisor for master-degree students, Shanghai University of Political Science and Law

Arbitrator, Shanghai Arbitration Commission

Expert, Shenzhen Intellectual Property Expert Database

Mediator, WIPO Arbitration and Mediation Center

Member, International Trademark Association (INTA)

Member, International Association for the Protection of Intellectual Property (AIPPI) CHINA

Member, Licensing Executives Society (LES) CHINA

Publications

"Competition Law Protection of Enterprise Network", Shanghai Intellectual Property, 2020

"Evidentiary Rules for Trade Secret Infringement Litigation in 2019", China Intellectual Property, 2019

"Difficulties and methods of brand and logo protection in cross-border e-commerce", WeChat public account "zhichanli (知产力)", 2019

"Types and the Developing Trend of Methods to Protect Copyright of Online Games", China Intellectual Property, 2018

"Six-step Method for Determination of IP Infringement Liability of Cloud Server Providers" (awarded as Outstanding Paper of 2017 Annual Meeting of Intellectual Property Committee of All-China Lawyers Association), WeChat public account "zhichanli (知产力)", 2017

"General Rules for Administrative Penalties upon Trademark Infringement - Evaluating the Administrative Penalty Case Involving Trademark Infringement of '海贼王'" (awarded as Outstanding Paper of 2018 Annual Meeting of Intellectual Property Committee of All-China Lawyers Association), LexisNexis, 2018

"The Application of 'Notice-removal' Rule in Patent Infringement on Online Trading Platforms", China Intellectual Property, 2015

"Five Controversial Issues in the Registration of the Trademark '国酒茅台'", Electronics Intellectual Property, 2012

"Research on the Issue Concerning the Criminal Liability of Video Sharing Websites", Shanghai Lawyer, 2012

"How to Resolve the Dispute over the Counter-transmission of Trademark Value", China Intellectual Property, 2012

"How to Prevent the Risks in Patent Licensing for Patentee", China Intellectual Property, 2012

"On IP Due Diligence during International Trade Investments", China Intellectual Property, 2012

"A Benefits Dispute between Google Books Library Projects and Copyright Holders", China Invention and Patent, 2010

"Decoding Patent Operational Practices Series -- Patent Protection", Intellectual Property Publishing House, 2018 (as the Editorial Board Member)

"Intellectual Property: Legal Wisdom Behind Disruptive Technology", Law Press China, 2018 (as the Editorial Board Member)

"Guidelines for Enterprises’ Intellectual Property Management", Shanghai University Press, 2015 (as the Deputy Editor-in-chief)

"Attorney’s Analysis on the Key Points in Intellectual Property Cases in the Cultural and Creative Industry", Xuelin Press, 2014 (as a co-author)

"Attorney’s Analysis on the Key Points in Typical Intellectual Property Cases", Intellectual Property Publishing House, 2011 (as a co-author)

"Management of IP Rights in the Creative Industry", Xuelin Press, 2006 (as a co-author)

Personal

Mr. Ma Yuanchao, partner of Zhong Lun Law Firm, has been devoted to the management and dispute resolution of intellectual property rights such as copyright, trademark, trade secret, anti-unfair competition, patent, etc., as well as to the legal service of network data security and protection, for domestic and foreign enterprises for more than 20 years, covering industries such as internet, software information, cultural entertainment & games, decoration & design, education, transportation, advertising, food and manufacturing, etc. Mr. Ma is also a special-appointed professor and part-time supervisor for master-degree students of East China University of Political Science and Law and an arbitrator of Shanghai Arbitration Commission. He has been awarded as one of ALB China Top 15 Intellectual Property Lawyers in 2015 & 2018, and has been listed as IP litigation Lawyer on Chambers and Partners Asia-Pacific Guide and LEGALBAND Ranking List of China Top-level Lawyers over the years.

Mr. Ma has rich practical experience in the field of dispute resolution regarding intellectual property and anti-unfair competition. Many major litigation cases represented by Mr. Ma have been selected as typical cases in China. For example, Mr. Ma represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Shenzhen Juwangshi Science & Technology Co., Ltd. involving China’s first unfair competition dispute about the hotlinking of the video aggregator, which was selected in the Gazette of the Supreme People's Court (Volume 12, 2016).

Experience

Equity Partner, Zhong Lun Law Firm, 2017 to present

Managing Partner, Co-effort Law Firm, 2001-2017

Languages Spoken

Chinese

English

Work Highlights

China’s First and Top 10 Typical Cases of Dispute Resolution

Represented Shanghai Erguang Catering Management Co., Ltd. in the case filed against Shanghai Zaigao Catering Management Co., Ltd, Aiush Investment Holding Co., Ltd. and Mr. Wang involving a dispute over unfair competition, which was selected as one of the Top Fifty Typical IPR Cases of PRC announced by the Supreme People’s Court (2021) and one of the Model Cases Strengthening Intellectual Property Protection of Shanghai Courts (2021)

Represented Beijing Hanyi Fonts in the case filed against Beijing Zimeng Technology Co. Ltd. involving a dispute over copyright infringement of fonts, which was selected as one of the Excellent IPR-Protection Cases of Beijing Courts (2021)

Represented Tencent in the case filed against Shenzhen Wei Shi Kong Info. & Tech. Co., Ltd. and Mr. Zhao involving a dispute over unfair competition regarding click farming activities, which was selected as one of the Top Ten Innovative IP Cases by Shenzhen Intermediate People's Court (2020)

Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Hangzhou Feiyi Information and Technology Co., Ltd., Mr. Lv, and Mr. Hu involving a dispute over unfair competition which was China’s first unfair competition case against click farming activities for videos and was selected as one of the Shanghai Top Ten IP Typical Cases (2019), Shanghai Top Ten IP Cases released by Shanghai High People’s Court (2019), and Internet and Software Industry Top Ten IP Cases (2019)

Represented Beijing IQIYI Science & Technology Co., Ltd in a criminal case against the suspects Mr. Yan, Mr. Yin and Mr. Yang involving copyright infringement, which was selected as one of the Top Five IP Criminal Cases by Nanjing Procuratora+C7te (2019)

Represented Tencent in the case filed against Shanghai Zhen Cai Multimedia Co., Ltd. involving copyright infringement and unfair competition regarding destroying technology settlement and setting illegal links, which was selected in the Top Ten Typical Copyright Cases in Shanghai (2018)

Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Shenzhen Juwangshi Science & Technology Co., Ltd. involving China’s first unfair competition dispute about the hotlinking of the video aggregator, which was selected in the Gazette of the Supreme People's Court (Volume 12, 2016), the Fifty Typical IP Cases in Chinese Court by the Supreme People‘s Court of PRC (2016), the Top Ten IP Cases by Shanghai High People’s Court (2016), and China’s Top Ten Most Valuable IP Adjudication Cases (2015)

Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Shanghai Wanmu Business Consulting Co., Ltd. involving China’s first case involving infringement by a private cinema upon the right of information network dissemination, which was selected in the Top Ten Typical Copyright Cases in Shanghai (2016)

Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Beijing Ji Ke Ji Ke Technology Co., Ltd. involving a dispute over unfair competition of blocking adware, which was selected in the Top Ten Typical Civil Cases in China Trial (2015) published on China Trial, the Top Ten Innovative Cases in Beijing Courts (2015) and China’s Top Ten Most Valuable IP Adjudication Cases (2014)

Represented in the case on “金骏眉" (Jin Jun Mei) trademark administrative dispute, which was selected in the Top Ten Typical IP Cases of the Supreme People’s Court of PRC (2013) and the Top Ten Typical IP Judicial Protection Cases of Beijing Courts (2013)

Represented in the criminal case against the suspect Mr. Wu involving infringement of trade secrets of Pfizer Pharmaceutical Corporation (USA), which was selected in the Top Ten IP Cases in Shanghai (2013)

Represented in the administrative enforcement case involving computer software copyright infringement complained by PTC Inc. (USA) against a motor company based in Shanghai, which was selected in the Top Ten Copyright Cases of Shanghai (2011)

Represented in the case involving copyright infringement of a book (Mr. Zhang v. Sinolingua Co., Ltd.), which was selected in the Top Ten Typical Copyright Cases of Shanghai (2010)

Represented Microsoft (China) Co., Ltd. in the case filed against Qingdao Ultimate Transportation Equipment Co., Ltd. involving computer software copyright infringement, which was selected in the Top Ten Typical IP Cases of Shandong (2008)

Represented in the case involving the design of the cheongsam with a red dragon pattern, which was selected in the Top Ten Typical Copyright Cases of Shanghai (2008)

Successful Matters of Cybersecurity & Data Protection

Provided legal opinion on Internet data security for a famous Australian architectural design group

Provided APP data compliance legal opinion for Wenhua Finance

Provided APP data compliance legal opinion for Hanyi Fonts

Provided APP data compliance legal opinion for iHuaben

Represented Tencent in a contract dispute suit concerning personal data protection filed by Ms. Xia

Represented Tencent in an infringement suit concerning web data crawler against a Shanxi Company

Bio can be found here:

https://en.zhonglun.com/team/myc.html