The 2021 Annual Conference of In-house IP Managers in China: Opportunities & Strategies under the Great Changes

Zhang Yixiang,[Comprehensive Reports]


    Despite a series of impactful events in social economy, international politics, public health and other fields in 2020, China’s intellectual property system has not only withstood the severe test, but also made significant contributions to the mankind resist the impact of the epidemic, adapt to the changes of the times, and welcome new development opportunities. The world’s understanding of innovation and creation and the critical value of intellectual property rights has also been further deepened.
    In this context, the 2021 Annual Conference of In-house IP Managers in China, also known as the 12th China IP International Annual Forum, was held in the St. Regis Beijing on April 17, 2021. The forum, with its theme being Opportunities & Strategies under the Great Changes, has attracted more than 700 people from various fields including administration, justice, academia, and enterprises.
    The forum was rich in content and had a full agenda. There were two main forums which are China Intellectual Property Summit Trend Forum and China Intellectual Property Management Practice Forum, five Parallel Panels and the 2021 Annual Conference of In-house IP Managers Awarding Ceremony & Gala Dinner. At the forum, there was a great gathering of distinguished guests and they exchanged ideas and shared wisdom, jointly dedicated a feast of intellectual property rights.
Opening Ceremony
    On the morning of April 17, the forum started. Chuntian Liu, President of the Intellectual Property Law Research Association of the Chinese Law Society, Yuanming Qin, President of the Third Civil Tribunal of the Supreme People's Court, Luiz Henrique DO AMARAL, President of the International Association for the Protection of Intellectual Property (AIPPI), and Etienne San de Acedo, President of the International Trademark Association (INTA) delivered speeches successively during the opening ceremony, which was hosted by Tommy Zhang, the President and Editor-in-Chief of China IP Magazine.
    Professor Chuntian Liu summarized the achievements of development and significant changes of China's intellectual property industry over the past 40 years in terms of economic development, external environment, and system construction based on the theme of "Opportunities & Strategies, Under the great changes". He pointed out that as China accelerates on the path of innovation-driven growth, the intellectual property industry will undoubtedly become a sunrise industry in the long term. He encouraged the Chinese intellectual property professionals to actively participate in the boundless possibilities of the future, and contribute to tomorrow of China's intellectual property industry.
    In his speech, Chief Judge Yuanming Qin summarized the development and achievements of various judicial protection of intellectual property rights in courts across the country in 2020. He pointed out that China has entered a new period of progress. The implementation of new development concepts, construction of a new growth pattern, and promotion of high-quality progression are all inseparable from the drive of innovation and intellectual property rights protection. Since the first China IP Annual Forum, it has always been in close connection with remarkable points in the high-quality development of China's intellectual property rights. The Chief Judge Yuanming Qin finally extended his best wishes to the success of the China IP Annual Forum.
    Subsequently, Luiz Henrique DO AMARAL, Chairman of AIPPI, and Etienne San de Acedo, Chairman of INTA, delivered speeches for the opening ceremony through video, respectively.
Forum of China IP Summit Trend
    Following the opening ceremony, the Forum of China IP Summit Trend, which was the main forum, started. The forum was hosted by Professor Xiuqin Lin, Dean and Professor of Intellectual Property Research Institute of Xiamen University. Xiucheng Han, Head of China National Intellectual Property Administration Intellectual Property Development and Research Center; Yong Huang, University of International Business and Economics, Head of Competition Law Research Center, State Anti-monopoly Commission Expert Advisory Group Member; Yanhua Li, Director of patent department, Ericsson China; Hui Li, Officer of Beijing Gaowo Law Firm; Zhen Liu, general manager of Xiaomi Group's legal department; Guiming Wu, partner of Beijing Kangrui Law Firm, and Yufeng Ma, Chief representative/ partner of Orrick Law Firm in Shanghai, have given keynote speeches at the Forum of China IP Summit Trend.
    Based on practical experience, Director Xiucheng Han shared his insights on the indicators, identification, scientific cultivation, and strict management of highvalue patents with the theme of "High value patents and strict management of patents".
    Focused on the theme of "Platform (Digital) Economy Anti-monopoly Compliance", Professor Yong Huang made an analysis from the global platform economy anti-monopoly supervision trend, the new characteristics of digital platform anti-monopoly supervision, the relationship between anti-monopoly and intellectual property rights, and corporate anti-monopoly compliance, etc..
    Yanhua Li combined Ericsson's 5G technology research and development practice, with the theme of "innovation, cooperation and win-win future", and analyzed trendy topics including standards and innovation, and FRAND licensing policies.
    With the theme of "Comprehend the beat of the era through intellectual property", Hui Li offered his insights on how the intellectual property service industry can help China's innovation and creation.
    With the theme of "Intellectual Property Strategy in Transformation", Zhen Liu summarized the innovation trends and litigation situations in the two trendy technology fields of artificial intelligence and 5G communication networks in recent years. He made targeted recommendations towards the anti-suit injunctions and anti-anti-suit injunctions of Chinese companies in intellectual property litigation.
    Guiming Wu took "Patent Invalidity Strategy in Patent Infringement Litigation" as the themwe, combined with practical cases, and put forward detailed strategic suggestions on how the respondents in patent disputes can use patent invalidation methods to win litigation.
    With the theme of "The Latest Developments in Patent Litigation in the United States and their Impact on Chinese Companies", Yufeng Ma analyzed in detail the recent development of US patent litigation from the perspectives of geographic distribution and industry category, and explained the process of precautions of Chinese companies in responding to US patent litigation.
Forum of China IP Management Practice
    On the afternoon of April 17, the Forum of China IP Management Practice, which was the second main session of the Annual Forum commenced. It was hosted by Professor Zhenfu Yuan, Vice President of School of Intellectual Property, Shanghai University. Zhenpeng Guo, General Manager of Intellectual Property of Kuangshi Science and Technology; Ye Tao, Founder and CEO of Shanghai BiLi Patent Evaluation Co. Ltd.; Xingfang Yang, Chief Legal Counsel and General Manager of IP and Legal Center, NewTV; Dalu Yang, Beijing TianJi Partners co., Ltd. CEO; Qi Xue, Chief partner of Shanghai Beshining Law Firm, delivered keynote speeches successively at the Forum of China IP Management Practice.
    Zhenpeng Guo combined his practical experience in enterprise intellectual property with the theme of "Sharing of Enterprise Intellectual Property Management Practice", and talked about three issues which are the formulation and implementation of enterprise intellectual property strategies, management in levels and categories, and the relationship between patent’s quality and value.
    Ye Tao explained the analysis and calculation of patent licensing fees, the understanding and application of the FRAND principle in the licensing process, and the relationship between patent licensing fees and value evaluation.
    Xingfang Yang took "Works Protection and Rights Protection from the Perspective of the New Copyright Law of the People’s Republic of China" as the theme, combined with several judicial cases, and analyzed the main impact of the third amendment of the "Copyright Law" on the current copyright protection and rights protection in China.
    With the theme of "Intellectual Property Digital Risk Protection Technology Practice", Dalu Yang analyzed the new problems confronted by digital risks and intellectual property protection in the Internet era, and put forward detailed strategic recommendations on how companies can utilize new concepts and technologies to deal with digital risks.
    Qi Xue made a comprehensive summary of the identification of "inventiveness" in the patent examination process with the theme of "Analysis of thinking of patent creative defense", and made particular suggestions on patent drafting and examination opinions from the perspective of intellectual property service agencies.
Panel One
    Panel One took "Copyright Law Revision and Digital Economy Development" as the theme, and was hosted by Sanqiang Qu, Head of Beijing Intellectual Property Law Society. In the keynote speech session, Professor Yinliang Liu of Peking University Law School analyzed the theoretical disputes of the newly revised provisions of the Copyright Law of People’s Republic of China, and Lei Qi, Judge of Beijing High People’s Court, summarized the challenges of the revised provisions of the Copyright Law to judicial practice. Jing Yang, Judge of Beijing Intellectual Property Court, Member of the Judicial Committee, and Dejia Yang, President of the Intellectual Property Tribunal of People's Court in Haidian District, Beijing, commented and responded to the keynote speeches as interlocutors.
    In the subsequent round-table dialogue, Heping Jiao, Professor of School of Economic Law of Northwest University of Political Science and Law, Haijun Lu, Professor of University of International Business and Economics, School of Law, Qian Tao, Officer of Intellectual Property Innovation and Competition Research Center, China University of Political Science and Law, and Wen Ding, Legal Counsel of Legal Department of iQIYI Inc., Jie Meng, Vice President of Legal Affairs of Kuaishou Group, and Honglei Wang, Director of Legal Affairs of Duoyi, shared opinions on the topic of "Impact of the amendment of Copyright Law of People’s Republic of China on online entertainment industry". Guest speakers pointed out that the revision of the Copyright Law not only responded to changes in the use of works under emerging business models, but also responded to the strategic demand for strengthening intellectual property rights protection in the new era through improving the definition of works, modifying the content of rights, adjusting fair use regulations, and increasing punitive damages.
Panel Two
    In the keynote speech session, Guoliang Ye, Legal Director of TCL Communication Technology Holdings Limited analyzed the latest developments in standardessential patent cases, Jingchun Wan, Intellectual Property Director of Shenzhen Voxtech Co., Ltd. (AfterShokz) shared the practical work experience of high-value patents in hardware technology companies, and Li Bai, Intellectual Property Manager of China Mobile Communication Ltd., Research Institute provided suggestions on how companies can develop well ecosystem of intellectual property with high quality. Huaizhang Wang, Intellectual Property Director of Beijing Horizon Robotics Technology Development Co. Ltd., summarized the new challenges regarding intellectual property currently faced by artificial intelligence chip companies, intellectual property director of Lifetech (Shenzhen) Co., Ltd. Xin Yin shared the intellectual property challenges and opportunities of enterprises in the medical device field.
    In the subsequent round-table dialogue session, Jingchun Wan, Li Bai, Huaizhang Wang, Xin Yin, and Midea Group's senior intellectual property consultant and director of the intellectual property department, Na Zhang jointly discussed the topic of "innovation-driven international intellectual property rights".
Panel Three
    Panel Three was themed on "Calculation Standard of compensation for intellectual property infringement" and was hosted by Jianmin Chen, Senior Consultant of Beijing Gaowo Law Firm.
    In the keynote speech session, Yijun Liu, Judge of Beijing Intellectual Property Court analyzed several issues in the calculation of patent infringement damage compensation, such as the calculation of the loss of the right holder, the profit of the infringer, the application of relevant laws and judicial interpretations, etc. Liping Yu, Director of Intellectual Property Department of Shanghai Rainbowfish Ocean Technology Co., Ltd. went through the revision history of the Trademark Law of the People’s Republic of China and the highlights of this revision, and shared the relevant content of infringement damage calculation standards of the Trademark Law. Ping Gong, Judge of the 2nd Comprehensive Division of Beijing Internet Court, introduced the basic situation of Beijing Internet Court's copyright trial, explained the compensation calculation method of Internet-related copyright cases and the guiding ideology and values that the court should uphold in the adjudication of such cases. Jianmin Chen, a senior consultant from Beijing Gaowo Law Firm, analyzed the subjective requirements of the Civil Code for the application of punitive damages, the trial practice of the punitive damages system, and how to determine malicious infringement in compensation for intellectual property damages, the different identification standards of "malicious" and "intentional" and other issues.
    In the trendy issue discussion session that followed, Jianmin Chen, Liping Yu, Director of Brand Intellectual Property Protection of Erdos, Jingkun Yang, and Director of Brand Strategy of Fun Age Entertainment Co. Ltd., Jing Song discussed various opinions regarding the issues delivered by the keynote speakers.
Panel Four
    Panel Four was themed on "Intellectual Property Judicial Innovation in the New Era" and was hosted by Kesheng Jin, Vice Chairman of the China Intellectual Property Law Association, Law Professor of China Foreign Affairs University, Deputy Director of Intellectual Property Guidance Case Research Base of the Supreme People’s Court of PRC.
    In the keynote speech session, Jun Yan, Deputy Chief Judge of the 1st Comprehensive Division of Beijing Internet Court, discussed the challenges of copyright protection in the digital economy and judicial responses. Hongtao Xu, Judge of Pudong New Area People’s Court of Shanghai, Intellectual Property Tribunal, analyzed the new characteristics and legal evaluation of competition behavior of the Internet industry. Yan Zhang, Chief Judge of the IP Tribunal of Beijing Fengtai District People's Court, analyzed intellectual property judicial innovation from the perspective of the Trademark Law of the People’s Republic of China. Yang Li, Professor of China University of Political Science and Law, Doctoral Supervisor, shared the insights regarding anti-suit injunction and anti-anti-suit injunction standard-essential patent litigation.
    Chi Su, Former President of Beijing Intellectual Property Court, Jian Song, Former Member of Jiangsu High People’s Court Judicial Committee, President of the Intellectual Property Court, Senior judge, National judicial experts, Lingling Cui, Director of Intellectual Property, General Manager of Patent Affairs Department of Baidu, Lei Wang, Researcher of Intelligent Technology Law Research Center, Beijing Institute of Technology; Secretary General of Sina Internet Law Research Institute, commented on content the keynote speakers shared as guest commentators on the Forum.
Panel Five
    The Fifth Panel of this Annual Forum, which was "2021 Jingcheng Intellectual Property Forum" with the theme of "Changes" was hosted by Yongjiu Gu, founder of the Jingcheng Intellectual Property Forum. Chairman of the China Intellectual Property Law Association, Dean of Intellectual Property Academy of Renmin University of China, Professor Chuntian Liu, delivered a speech at the opening ceremony of the Forum.
    Dongqi Yang, Party Group Secretary and Director of the Beijing Municipal Intellectual Property Office; Hui Jin, specially-invited assistant to the District Mayor of Beijing Haidian District, and Yu Zhu, former Director of the Jiangsu Intellectual Property Office attended the Forum.
    In the keynote speech session, Yefei Wang, Deputy Minister of the Publicity Department of the Beijing Municipal Party Committee and Director of the Beijing Municipal Bureau of Press and Publication, took the theme of "Proactively respond and Courageously commence the new era", from the perspectives of full launch of a fight for intellectual property rights, competition of intellectual property approaching core strategic areas, and government promotion of the protection of intellectual property rights explained how companies, governments, and institutions should alter the situation. Chao Liu, Director of the Legal Affairs Department of the China Council for the Promotion of International Trade, explained the changes in intellectual property from the three perspectives of international intellectual property status, disputes, and cooperation with the theme of "International intellectual property protection index and prevention and settlement of diversified dispute".
    The subsequent discussion session was hosted by Huanqing Yao, Associate Professor of Renmin University of China, Law School. Hefa Song, Professor of School of Intellectual Property, University of Chinese Academy of Sciences; Sheng Yan, Founder of PAIF (Patent Alliance Innovation Fund); Zhifu Su, Former Judge of Intellectual Property Tribunal of Beijing High People's Court; Xiaohui Jia, Deputy Director of Patent Support Center of Technical Department of China Mobile Group Design Institute Co. Ltd., and keynote speaker Yefei Wang, Chao Liu jointly discussed on related topics in-depth.
Awarding Ceremony & Gala Dinner
    Following the successful conclusion of the Annual Forum and five Panels, the 2021 Annual Conference of Inhouse IP Managers in China Awarding Ceremony & Gala Dinner was grandly held on the evening of April 17. The Awarding Ceremony unveiled the final results of 2020 Outstanding In-house IP Managers in China, 2020 Outstanding IP Management Teams in China, and 2020 Outstanding Enterprise IP Service Teams in China, 2020 Emerging IP Service Teams in China, 2021 Most Recommended International IP Agencies, and 2020 China IP Most Influential People.
    Six people including Shaofa Lan, Zhen Liu, Tongsheng Wang, Jingjie Xiao, Xingfang Yang, and Guoliang Ye received the 2020 Outstanding In-house IP Managers in China.
    Seventeen people including Li Bai, Lei Fan, Zheng Jia, Xiangfeng Kong, Hong Li, Meiyu Li, Yan Li, Zaoxia Li, Jingchun Wan, Yu Wang, Hua Xiao, Dian Xu, Miao Yang, Xin Yin, Liping Yu, Rui Zhang, Zhe Zhang, etc. were awarded the 2020 Outstanding In-house IP Managers in China.
    2020 Outstanding IP Management Teams in China was awarded to Alpha Group Co., Ltd., Baoshan Iron & Steel Co., Ltd., Beike Zhaofang (Beijing) Technology Co., Ltd., China Resources Snow Breweries Company Ltd., HKC Corporation Limited, Chengdu XGIMI Technology Co., Ltd., Beijing Kingsoft Cloud Network Technology Co., Ltd., Beijing Kuangshi Technology Co.,Ltd., Sogou Inc., Jiangsu Suning Cloud Computing Co., Ltd., TCL Communication Technology Holdings Limited, Xiaomi Corporation, Sina Corporation, CITIC Dicastal Co.,Ltd. The intellectual property management departments of 15 companies including Unisoc received the awards.
    The intellectual property service teams of 23 institutions including Beshining IP Service Team, Chaofan Hongyu IP Service Team, Gaowo IP Service Team, Watson & Band IP Service Team, Unitalen IP Service Team, GEN IP Service Team, Jiaquan IP Service Team, JT&N IP Service Team, King & Wood Mallesons IP Service Team, Kangxin IP Service Team, Liu Shen IP Legal Service Team, Lung Tin IP Service Team, Lusheng IP Service Team, Questel IP Service Team, Ronly & Tenwen IP Service Team, Scihead Intellectual Property Service Team, Sanyou IP Service Team, Tiantai Trademark Service Team, Wanhuida IP Service Team, Co-effort IP Service Team, Sinofaith Copyright Protection & Operation Service Team, CCPIT Patent & Trademark Law Office IP Service Team, and Purplevine IP Service Team were awarded the 2020 Outstanding IP Service Teams in China.
    The intellectual property service teams of six institutions, including Guantao IP Service Team, Hartend IP Service Team, CN-PAT IP LAW FIRM, Mizar Star IP Service Team, MOZLEN Team, and Rongtai IP Service Team, were awarded the 2020 Emerging IP Service Teams in China.
    Among the 2021 Most Recommended International IP Agencies are Gaowo Law Firm, GLP lntellectual Property Office, Kim & Chang, and Orrick Herrington & Sutcliffe LLP.
    The finale to the 11th China IP Annual Forum was 2020 China IP Most Influential Person, which was received by Yide Ma and Yu Zhu.
    (The ranking was not in particular order, in order of the phonetic alphabet of the name or team name)

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