Gang Hu

BeijingTrademark and Copyright Litigation Department

+86-10-6604 6375

+86-10-6641 5678

hug@ccpit-patent.com.cn

Qualification:

Patent Attorney since 1998
rademark Attorney since 2000
Attorney-at-law since 1997

Languages:

Chinese、English

Education and Training:

Master of Law Peking University 1999-2002
Bachelor of Sciences in Management Beijing Agriculture University 1991-1995
Received training of American Trademark Law and Practice in Birch, Stewart, Kolasch & Birch LLP in 2007, Washington D.C., USA

 

Professional Experience:

Joined CCPIT Patent and Trademark Law Office in 1995

 

Practice Area:

Trademark Prosecution、Trademark Search and Watch、Administrative Protection of Trademark Right、Trademark Infringement Litigation、Legal Opinion on Trademark Infringement、Trademark Validity Litigation、Licensing/Assignment of Trademark

Enforcement of Copyright、Unfair Competition、IP Litigation and dispute resolution including negotiation, mediation and arbitration、Online IP protection、Infringement risks analysis、IP infringement analysis、IP infringement investigation、IP due diligence investigation、IP contract drafting and reviewing、Risk management and damage control、Consulting on IP strategy

Affiliation:

Member of China Intellectual Property Research Association
Member of All-China Patent Agents Association
Member of the Chinese Trademark Association
Member of Chinese Group of AIPPI
Member of Chinese Group of LES
Member of International Trademark Association (INTA)

Publication and Presentation:

Publication:
Author: Study of U.S. Provisional Applications (I), China Intellectual Property News, 15 July 1998
Author: Study of US Provisional Applications (II), China Intellectual Property News, 22 July 1998
Author: Conflict of Rights between Trademarks and Design Patents, Intellectual Property, No. 3, 2002
Author: Some Issues in the Filing of Registered Trademark Use License Contracts, China Patent and Trademark, Vol. 3, 2005
Author: The System of Letter of Consent within the Trademark Examination Procedure, China Trademark, Vol. 4, 2005
Author: How to choose a suitable Chinese trademark for a foreign language trademark, China Patent and Trademark, Vol. 3, No. 3, 2008
Author: Chinese Courts Find Protection for Shaped Three-Dimensional Trademarks, China Patents and Trademarks, No. 1, 2009
Author: Goodwill Issues in ROVER Brand Acquisition - The Road to the Development of China's Independent International Brands of Automobiles, China Trademark, No. 1, 2009
Author: Judgment on the Criteria for Registration of Three-dimensional Trademarks for Commodity Shapes - Reflections arising from the "Zippo" Case, China Intellectual Property News, August 21, 2009
Author: Introduction and Interpretation of the Madrid International Trademark Registration System, China Intellectual Property News, November 13, 2009
Author: Protection of Trademark Rights from the Perspective of Tort Liability Law, China Intellectual Property News, September 10, 2010
Author: A Study on the Conflict of Rights between Design Patents and Prior 3DTrademarks, The First Annual Conference of the Chinese Patent Attorneys Association 2010 -Selected Papers, March 2011
Author: Trademark protection for cartoon images of animation, China Trademark, No. 9, 2011
Author: Defining the Use of Trademarks, Managing Intellectual Property, 2012 China Special Issue
First author: Application of applying obligation of avoidance notification in trademark review porcedure, China Trademark, Vol. 8, 2012
Author: Use in the Meaning of Trademark Law: "Publicity, Genuineness and Legitimacy" – An Interpretation of Recent Judicial Cases, China Patent and Trademark, Vol. 3, No. 3, 2012
Author: Trademark agency services enter an era of diversification, China Intellectual Property News, 26 April 2013
Author: Legal Issues of Trademark Use in OEM Mode - An Interpretation of Recent Relevant Judicial Cases, China Patent and Trademark, Vol. 2, No. 2, 2013
Author: A major breakthrough on a similarity issue - an analysis of an innovative decision of the Beijing High Court, World Trademark Review, Vol. 43, 2013
Author: Stopping cybersquatting: changes to China's trademark law, World Trademark Review, January 2014
Author: Beyond the "chaotic flowers" - A look at trademark protection in relation to Internet financial services, China Business News, 24 April 2014, p. T18
First author: An important jurisprudence on anti-dilution protection, World Trademark Review, No. 49, June 2014
First author: Expanded Application - The Apparent Change in the Determination of Interest, World Trademark Review, Vol. 52, No. 1, January 2015
Author: Application of Article 15(2) of the Trademark Law, China Trademark, Vol. 2, 2015
Author: The determination of the interested party of tradename right - A perspective on the development of judicial precedents, China Patent and Trademark, Vol. 2, 2015
Author: Application and protection of color combination trademarks, Intellectual Property, Issue 2, 2015
First author: Favorable changes for trademark owners from China, Managing Intellectual Property, Special Issue, April 2015
Author: Judgment on the Subject Qualification of Plaintiffs in Foreign-Related Intellectual Property Administrative Litigation - A Review of the Supreme Court (2014) Xingtizi No. 5 Administrative Retrial of Trademark Disputes, China Intellectual Property News, 3 February 2016, p. 009
Author: The Application of the Principle of Res Judicata in the Case of Trademark Invalidation, China Trademark, No. 7, 2016
First author: Comments on the Review of Retrial Case of YKK objection review of China's Well-known Trademark - An Investigation Based on the Principles of Commodity Relevance, Consistency of Legal Application Standards and Identification on Demand, A.I.P.P.I. JAPAN, August 2017
First Author: YKK's Well-known Trademark Receives Judicial Recognition and Protection in China's Supreme People's Court – An Assessment of the Key Points and Breakthroughs in the YKK Retrial Case, China: Managing the IP Lifecycle, Issue 2018/2019
Author: The Beijing IP Court in 2016, The Trademark Lawyer Magazine, Issue 4, 2017
First author: Application of the absolute grounds standard in trademark authorization and confirmation cases, China Intellectual Property News 26 September 2018
First author: Ruminating on graphic trademark search and methods, China Journal of Intellectual Property, 30 September 2018
First Author: Recent Judicial Practice and Recommendations on Cancellation System for Registered Trademarks on Non-use, A.I.P.P.I. JAPAN November 2018
First author: The road to brand protection for multinational companies in China ---from the perspective of the 'YKK' trademark case, China Trademark, No. 11, 2018
Author: The latest judicial practice and insights of the registered trademarks’ non-use cancellation system, China Patent and Trademark, Vol. 1, 2019
Author: Piercing the corporate veil in Chinese trademark infringement cases, World Trademark Review, February 2019, Issue 77
First author: Judicial application and judgment of the principle of comprehensive examination in administrative proceedings for review of trademark refusals, Intellectual Property, 2019-03-21
First author: An analysis of the key points of the Chinese graphic trademark search, Asia IP, April 2019, issue 11
First author: Analysis of the main causes of defeat of the TRAB in administrative litigation cases - A research perspective on change of circumstances and admissibility of new evidence, China Journal of Intellectual Property, 2019-05-20
Author: Turning the tide: How China can counter malicious trademark applications, World Trademark Review, June 2019 Total No. 81
Author: How Plaintiffs Handle Trademark Litigation, Managing Intellectual Property, May/June 2019
Author: Reflections on the registration of combined sound trademark applications, Intellectual Property, 2019-07-25
First author: The Beginning of the Cause of the Trademark in China - From the First Issue of Trademark Bulletin, China Trademark, No. 9, 2019
First author: Interpretation of the latest changes to China's trademark law and their impact on enterprises, A.I.P.P.I. JAPAN, Vol. 10, 2019
Author: An analysis of the legal issues related to the application of trademark co-existence agreements, Intellectual Property, 2019-11-12
Author: Judicial Determination and Enlightenment on Whether OEM Processing Infringes Trademark Rights, Thomson Reuters ALB, 2019-11-27
Author: China's Contractual Obligations and Prospects for the Protection of Geographical Indications, Managing Intellectual Property, January 2020
Co-Author: The Protection of Trademark Rights Involved in Parallel Imports, China Journal of Intellectual Property, June 4, 2020
Author: Three Interpretations of the Criteria for Determining Trademark Infringement from a Practical Level, China Intellectual Property News, 22 July 2020
Author: Transformation towards a Green Digital Economy - Insights from the EU IPR Action Plan, China IP Magazine, 6 August 2020
Author: China-EU GI Agreement: New Commitment to the Globalization of Trade, Trademark Lawyers Magazine, 10 September 2020
First author: Study on the Coexistence of Trademarks (Part I), China Trademark, No. 10, 2020
First author: Study on the Coexistence of Trademarks (Part II), China Trademark, No. 11, 2020
Author: How to Overcome the "Distinctiveness" Hurdle for Sound Trademark Registration? China Intellectual Property News, 3 March 2021
Author: Reviewing the Challenges of Obtaining the Registration of Sound Trademark in China, Managing Intellectual Property, 4 March 2021
Author: Introduction and Analysis of the Latest Draft Revision of the WIPO International Classification of Goods and Services for the Purposes of Registration of Marks, China IP Magazine, May 24, 2021
First Author: Suggestions and Reflections on Improving the Revocation System of Registered Trademarks for Three Consecutive Years of Non-Use, China Trademark, No. 7, 2021
Author: Recent Developments in the Judicial Protection of Geographical Indications in the European Union in the light of the Morbier Cheese Case, China IP Magazine, 27 September 2021
Author: "What does China's accession to the Hague Agreement mean? What you should know", Patent Lawyer Magazine, 8 March 2022
Co-Author: Development and Interpretation of Lawyer's Risk Agency System, Intellectual Property, 21 March 2022

Presentation
Trade dress - Protection offered by BRICS, BRICS IP Forum, Chicago, USA, May 2013
IP Courts in China - What US Companies Should Know, Intellectual Property Owners Association (online seminar), 2 December 2014
Chinese Trademark Law: New Laws, New Directions, BRICS IP Forum, Munich, Germany, May 2014
Moderator: TM28 OEM Manufacturing and Trademark Use: Recent Practices under Chinese Jurisdictions, International Trademark Association Annual Meeting, Santiago, May 4, 2015
Moderator: TT19 Enhancing the Protection of Pictorial Trademarks through Copyright under Different Justice Systems, International Trademark Association Annual Meeting, Orlando, 24 May 2016
Lead author: Resolution on "Bad Faith Trademark Filings" at the IPPI Annual Conference 2017 (China section), September 2017
How to Manage Trademarks in the Context of Trademark Law Amendments, ICC China National Committee Seminar on Amendments to the Trademark Law, May 2019 in Beijing, China
New Developments in the Protection of Geographical Indications, Certification Marks and Collective Marks, AIPPI 2020 Annual Online Conference, 9 October 2020
Opportunities and Challenges arising from the Sino-EU GI Agreement, ICC China National Committee Presentation, 6 July 2021
Judicial Protection of EU Geographical Indication Products in China, First China-EU GI Products Cooperation Conference (Chengdu), 17 September 2021

Research Subject:
(1) Presided over the soft science subject of State Intellectual Property Office, "Research on Improving the Trademark Right Use System” in 2020
(2) Presided over the research subject of China Intellectual Property Research Association, "Research on the Regulation and Self-Discipline of the Trademark Agency Industry” in 2019
(3) Presided over the research subject of Chinese Trademark Association, "Research on the Coexistence of Trademarks” in 2019

Representative Cases:

(1) In 2003, represented a famous German automobile company to obtain the first 3D trademark registration in China for the shape of an automobile

(2) In 2005, represented a German garment company to win an important review case, which became the first case in which the Chinese Trademark Review and Adjudication Board formally considered and finally accepted the letter of consent in China

(3) In 2006, represented a famous American pharmaceutical company in the first 3D trademark infringement case in China before the Beijing First Intermediate People's Court

(4) In 2008, represented a German company to successfully register a GI trademark for use on Class 32 goods, which was the first foreign geographical indication to be protected in China through the extension of Madrid System

(5) In 2014, represented a famous German auto parts manufacturing company to win a trademark retrial case before the Supreme People's Court, which was selected as one of the 50 typical intellectual property cases of the Supreme Court in 2014 and selected in the Annual Report of the Supreme People's Court on Intellectual Property Cases (2014)

(6) In 2014, represented a famous British jewellery company to win a trademark retrial case before the Supreme People's Court, which was selected in the "Annual Report on Intellectual Property Cases before the Supreme People's Court (2014)

(7) In 2014, represented a globally renowned chemical company to win a retrial case before the Supreme People's Court, which was awarded as a typical IPR case of the Guangdong IPR Protection Association in 2015

8) In 2016, represented a famous American automobile company to win a trademark invalidation case before the Supreme People's Court, which was awarded as one of the Best Cases in 2015-2016 by China Trademark Association

9) In 2018, represented a world-renowned chemical company to win a trademark infringement case in the Beijing High People's Court, obtaining the highest statutory damages and obtaining well-known trademark recognition and protection, which was awarded as one of the Best Cases in 2017-2018 by the China Trademark Association

(10) In 2019, represented a Dutch multinational company to win a trademark retrial case before the Supreme People's Court, which was selected as one of the 50 typical intellectual property cases of the Supreme Court in 2019 and selected in the Annual Report on Intellectual Property Cases of the Supreme People's Court (2019)

11) In 2020, represented an Italian luxury brand company to win a litigation case of trademark dispute in the Beijing High People's Court, which was awarded as one of the Best Cases by China Trademark Association in 2019-2020

(12) In 2020, represented a Japanese company to win a trademark retrial case before the Supreme People's Court, which was selected as one of the 50 typical intellectual property cases of the Supreme Court in 2020 and selected in the Annual Report on Intellectual Property Cases of the Supreme People's Court (2020)