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Professionals
Han XinhaiPartner

Areas: Intellectual Property Litigation and Resolution of Civil and Commercial Disputes

Tel: 8610- 85879199

E-mail: hanxinhai@touchwigs.com

Location: Beijing

Language: Chinese, English

Qualification: Chinese Lawyer Qualification、Patent Agent's Qualification

  • Working Experience
  • Education Background
  • Key Achievements

    ·2024.7 - March 31, 2018 to present Beijing Anli Partners

    ·July 20, 2014.24. 7 King & Wood Mallesons Beijing

    · LL.M., China University of Political Science & Law

    · Bachelor of Computer Science and Technology, Nankai University

    Representative cases/projects in the Intellectual Property Field

    · Representing Beijing Daoxiang Cun Company to settle the dispute with Suzhou Daoxiang Cun Company on the time-honored brand "Daoxiang Cun", which was selected as one of the Top Ten 

    · Typical Cases of Intellectual Property Rights by Courts in Heilongjiang Province;

    · Representing Bulgari Company, the trademark "BVLGARI" is recognized as a well-known trademark for the first time in civil litigation, and caused the court of second instance to significantly change the judgment of the infringing party to increase the joint and several liability of damages; the case was selected as one of the Top Ten Intellectual Property Cases of 2019 in Guangdong Province;

    · Representing a well-known fund company in responding to the first case involving violation of business ethics and trade secrets in investment in, and procuring a court to dismiss all claims of the counterparty;

    · Representing a leading MCN company in handling the first criminal case involving infringement of script trade secrets in;

    · Representing a company in handling equity ownership and patent infringement litigation, during which the counterparty voluntarily terminated the IPO procedure;

    · Representing Saint-Gobain S.p.A in handling an arbitration dispute over a contract for sale of goods, which involved the issue of determining whether the technical secrets of the parties other than the case were infringed in the arbitration proceeding, which finally forced the counterparty to withdraw the arbitration application;

    · Representing a chip company in a dispute case of entrusted chip design contract; In the case of the failure of entrusted development, the Customer is not required to bear the liability for indemnification nor shall it be required to refund the contract price already paid by the other Party. 

    · On behalf of well-known scriptwriter Liu Ping to deal with the copyright infringement dispute of the TV play "No War in Peiping", which was highly concerned by the industry, and finally won a comprehensive victory on behalf of Liu;

    · Representing SANY to successfully request the court to identify "Sany" as a well-known trademark in a case of cracking down on trademark infringement and unfair competition, which was the highest compensation received by SANY at that time;

    · To recognize "DIOR" as a well-known trademark in trademark-related civil and administrative cases on behalf of Dior; and

    · Representing Youngor Corporation in dealing with the trademark infringement and unfair competition lawsuit (with the amount of the subject matter of over RMB 700 million) initiated by the other party to withdraw the lawsuit by means of jurisdiction objection and other combined means;

    · Represented Korea SBS in its dispute with Zhejiang Satellite TV over the production contract of Running Brother;

    · Represented China Films CTV in its dispute with Hunan Satellite TV over the production contract for The Wonderful Friend. 

    · Guiding the intellectual property disposal project of a large insurance company during its reorganization, and helping the company to avoid losses of over CNY10 million;

    · Providing due diligence service of intellectual property rights for a school-run enterprise in the capacity of the project principal, and offering resolution of disputes over the ownership of technological achievements and achievement transformation plan. 

    Representative Cases in the Field of Resolution of Civil and Commercial Disputes

    · Filed a lawsuit on behalf of a client to jeopardize the interests of shareholders, which was heard by a five-person panel formed by the International Commercial Court of the Supreme People's Court in the first instance. The other party voluntarily terminated the IPO during the litigation period;

    · Filed a new arbitration application on behalf of the client under the adverse situation that an arbitration organization had already made a decision holding that the client was in breach of contract, and the new decision supported the client's claim for the large liquidated damages paid by the counterparty, and dismissed all the counterclaims of the counterparty;

    · Represented a real estate company in winning a comprehensive arbitration case with a municipal government on disputes over a land transfer contract. The municipal 

    government was ordered by the court to pay over RMB 300 million to the real 

    estate company. 

    · Represented a foreign company in handling a Sino-foreign joint venture arbitration and litigation dispute. The case was in dispute for a large amount of money (over RMB 1.5 billion), has been disputed for over 20 years (over RMB 20 million), and there was overlap of litigation and arbitration procedures. At last, the municipal government reached a settlement with the client. 

Contact

Beijing

35-36/F, Fortune Financial Center, No5 Dongsanhuan Zhonglu, Chaoyang District, Beijing 100020, PRC

Tel: +86 10 8587 9199

Shanghai

Unit 2006, Tower C, The Place, No.150 Zunyi Road, Changning District, Shanghai  200051, PRC

Tel: +86 21 6289 8808

Shenzhen

Room 4801, Rongchao Trading Center, 4028 Jintian Road, Futian District, Shenzhen, Guangdong 518035, PRC

Tel: +86 755 2389 5836

Tianjin

16/F, Building 1, Vanke Times Center, Anshan West Road, Nankai District, Tianjin 300192, PRC

Tel: +86 22 8756 0066

Nanjing

Room 601, Building 2, 159 Zhuangpai Road, Jiangning District, Nanjing, Jiangsu 211106, PRC

Tel: +86 25 8370 8988

Zhengzhou

2nd Floor, Block B, Huashi Center, Jinshui District, Zhengzhou City, Henan Province

Tel: +86 0371 8895 8789

Hohhot

Room 2223-27, Block F, Greenland Tengfei Building, Saihan District, Hohhot, Inner Mongolia Autonomous Region 010010, PRC

Tel: +86 189 4717 6323

Kunming

Room 1106, 11/F, Hanglung Plaza, No.23 Dongfeng East Road, Panlong District, Kunming, Yunnan 650051, PRC

Tel:+86 871 6330 6330

Xi'an

41/F, Block B, Greenland Center, 11 Jinye Road, Xi 'an Hi-tech Industries Development Zone, Xi 'an, Shaanxi 710077, PRC

Tel: +86 29 6827 3708

Hangzhou

11/F, Tower B, Huanglong International Center, 77 Xueyuan Road, Xihu District, Hangzhou, Zhejiang 310012, PRC

Tel: +86 571 8673 8786

Chongqing

T6-808, Jiangbeizui International Finance Square, Jiangbei District, Chongqing 400020, PRC

Tel:+86 23 67528936

Haikou

11D, 11F, China World Trade Center, No.5 Yusha Road, Longhua District, Haikou City, Hainan 570125, PRC

Tel: 0898-68508795


Tokyo

Hulic Toranomon Building 1-1-18 Toranomon Minato-ku, Tokyo 105-0001, Japan

Tel: +81 3 3591 3796

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