Bai Gang is the Founding Partner of Wan Hui Da and a senior trademark attorney. Mr. Bai started practice 16 years ago and has wide ranging experience in litigating complex matters involving trademark infringement, trade dress infringement, patent infringement, copyright infringement, cybersquatting, and unfair competition. He advises a variety of multinational companies in defending their interests and intellectual property rights in China.
In 2005, Mr. Bai was nominated by the State Intellectual Property Strategy Working Conference as an expert to provide professional counsel on the drafting and compilation of the “China National Intellectual Property Strategy” which was released in June 2008. Also in 2005, Mr. Bai became an elected member of INTA’s 2005 Enforcement China Committee. Since then, he was been deeply involved with the association, frequently lecturing on a variety of important issues as well as hosting professional workshops.
In 2006, Mr. Bai was elected Vice Chairman of Yiwu Federation for the Protection of Famous Brand (YWFPFB), an influential non-governmental organization initiated and sponsored by hundreds of brand owners to defend their IPRs in China.
He has been co-editing China Trademark Report since 2003. He is regularly invited to speak at conferences and seminars both at home and abroad.
Mr. Bai was rated as Leading Individual in the practice of corporate/M&A by the authoritative legal commentary magazine “Asia Pacific Legal 500 (2009/2010)”
Mr. Bai’s works include:
“Enforcement Lessons” (Managing Intellectual Property / China IP Focus 2006)
“Actions Speak Louder than Words” (MIP / China IP Focus 2007)
“Pursuing the maximization of Legal Protection - Judicial Recognization of Gillette for Well-known Trademark in China” (China Trademark 2004)
“IPR Roadmap - Roadmap for Trademark Protection in China”
“China Trademark Report” (Volume 1-9)
Operating online can have its challenges. As online trading is quite a new phenomenon in China, as yet there is no perfect solution to the problems connected with it. The State Administration for Industry and Commerce issued the Provisional Measures for the Administration of Trade and Services on the Internet, a first-of-its-kind prescriptive document designed specifically to regulate trading conduct on the Internet.
In 2019 the Trademark Law was rapidly revised without public consultation. This revision, which was relatively limited, aimed to address the problem caused by trademark applications made in bad faith and without the intention to use and to increase the powers of the courts in judicial enforcement. This article analyses what remains to be done and what a fifth revision of the Trademark Law should cover.
The Office of the Inter-ministerial Joint Meeting for Implementation of the National IP Strategy recently promulgated the Action Plan for Furthering the National IP Strategy and IP Rights Powerhouse Initiative 2018. The action plan offers few new proposals and instead reiterates the major IP initiatives which the government has promoted over the past two years, including institutional and judicial reform, a legislative plan and various national enforcement campaigns.
China's State Intellectual Property Office was recently renamed the National Intellectual Property Administration. Simultaneously, the activities of a number of government entities, including the State Administration for Industry and Commerce and the State Intellectual Property Office, were regrouped under the State Administration for Market Regulation. Since the government announced this plan, foreign brand owners have been wondering how it will affect the IP sector.
The Central Committee of the Communist Party recently released the Plan on Deepening the Reform of Party and State Institutions, providing insight into how the government will be run in the medium to long term following the State Council's plan to streamline governance. As part of the government overhaul, the State Intellectual Property Office will be restructured to integrate the registration and administrative adjudication responsibility for patents (its existing function), as well as trademarks and geographical indications.
In a trademark battle involving Swiss fashion company AKRIS Prêt-à-Porter AG, Akris had to change its litigation strategy in the second-instance proceedings by shifting the focus from its prior registration, which had ceased to exist, to the bad faith of the owner of the opposed trademark. The case, which took 12 years to resolve, was recently selected as one of the Beijing IP Court's 18 exemplary cases concerning bad-faith trademark filing.