People

Zhang Shuhua Partner

Personal description


Mr. Zhang Shuhua (Mark) is a Partner and an attorney-at-law at Beijing Wanhuida (Shanghai) Law Firm. Mr. Zhang has worked as an IP lawyer since 1998. He has rich experiences in representing foreign clients enforcing various kinds of IP rights in China, particularly for patents and trademarks. He also advises clients on building up and maintaining IPR portfolios and developing IPR protection strategies.

 

Over the 20 years, Mr. Zhang has worked with the colleagues over thousands of IP enforcement cases for foreign clients, winning many landmark cases and advanced clients’ interests in China. 

 

 A select list of Mr. Zhang’s work includes:

Winning for a French client in a patent infringement lawsuit before the Guangzhou Intermediate Court and the Guangdong Higher Court. The case was selected by the Supreme Court as one of the 50 typical cases of 2014 for its instructive claim construction of functional claims. 
Representing a foreign client in a patent infringement lawsuit before the Guangzhou Intermediate Court, winning the first case from the Court that awards user fees for exploiting published applications. 
Representing an American client in a patent infringement lawsuit in the Wenzhou Intermediate Court, winning the lawsuit as well as obtaining the first preliminary injunction ever issued by the court. 
Winning for a French client in a patent infringement lawsuit before the Ningbo Intermediate Court and having Ningbo Customs to intercept large quantities of infringing products. The case was selected as QBPC Best Practice Case of 2012. 
Winning a patent infringement lawsuit before the Guangzhou Intermediate Court and the Guangdong Higher Court following a successful administrative enforcement of the patent in the Guangzhou Fair. The case was selected as QBPC Best Practice Case for 2011. 
Winning for a German brand owner a trademark infringement lawsuit, proving repeat infringement and obtaining a large damage award of RMB3.52 million based on liquidated damages undertaken by the repeat infringer. 
Winning a trade dress infringement lawsuit before the Hangzhou Intermediate Court for a German client. The decision was China’s first on color trade dress infringement. 
Winning back for a client a strategic trademark from a trademark squatter and removing the obstacle for the client’s large OEM business in China. The case was significant in its use of prior copyright in resolving trademark disputes. 
Winning for an American brand owner a criminal prosecution of a multinational network of counterfeiting business. The case was listed as significant cases of the year (The Annual Case) by the Ministry of Public Security and by the State Administration of Industry and Commerce, and the case was selected as QBPC Best Practice Case for 2004. 

Representing a foreign SEP patent owner over patent protection matters, including infringement litigation and negotiations;

Representing an Australian medical device company in defending series patent infringement litigations initiated by a Chinese competitor before Shanghai IP Court, and in filing invalidation proceedings against the related patents;

 

Mr. Zhang has also published dozens of articles covering a broad spectrum of issues from evidence rules, calculation of damages, conflict of IP rights, construction of patent claims to domain name arbitration.

 

Mr. Zhang has been rated Leading Lawyer in the practice of intellectual property by premium legal directory for domestic law firms in Asia-Pacific “Asialaw Profiles” for the year 2016. He has also entered the list of “Leading Intellectual Property Lawyers” in China for the year 2015 released by “China Law & Practice” - a leader in specialized industry news and information. Mr. Zhang is meanwhile one of the Top 15 IP Lawyers in China rated by “The Asian Legal Business Magazine” and a Recommended Lawyer in the category of Intellectual Property listed in The Legal 500 Asia Pacific 2016 editorial.


Education & Professional Training

LL.M., Stanford Law School

LL.B, Peking University

B.A., Peking University



Qualification & Membership

China Bar

New York bar qualification


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