Kevin Xu

徐凯

Partner of HongFangLaw
Attorney at Law

CONTACTS

Tel: 021 6258 1929
kevin.xu@hongfanglaw.com

MAJOR PRACTICE AREA AT FIRM

Mr. Kevin Xu has been practicing in the legal field in China for over twenty years, and since the beginning of his career in the area of Intellectual Property. Kevin has been working at one of the leading Chinese IP firms, since his graduation, and has kept focus on mainly in the field of intellectual property rights.

Kevin has handled thousands of cases, covering but not limited to the area of IP rights acquisitions (trademark, copyright, patents and domain names, etc.), the cross-board IP rights acquisitions and protection, non-litigation dispute cases through administrative approaches and negotiations, administrative litigations on IP rights ownership, civil litigations for trademark infringement, multinational IPR licensing and assignment transactions, administrative and criminal enforcement against IP infringement and counterfeiting, domain name disputes, anti-unfair competition, and compliance on products label and advertising materials.

To build up the IP Protection System on behalf of the clients, and with the profound knowledge and experience, Kevin has helped brand owners to successfully secure the Well-known Trademark Status Recognition both through the judicial system and the administrative procedures. Many cases handled by Kevin have been awarded “Best Practice” or “Typical Case” by the Supreme People’s Court.

In addition to keeping cooperating with the MNC and listed companies in various industries, Kevin provides complete legal services for startup companies and e-commercial companies in China. Kevin is also good at the examination of contracts and has handled some cases in regards to contract and labor disputes, commercial defamation, the protection of consumer’s interests and the foreign investment project.

Kevin Xu has published some articles with regard to IP protection on some famous magazines and newspapers both in China and abroad.

WORKING EXPERIENCE

2015 – Current: HongFangLaw, Partner

2008 – 2015: HFG Law & IP Practice

EDUCATION BACKGROUND

2011 – 2017: East China University of Political Science and Law, Master (IP Law)

2004 – 2008: East China University of Political Science and Law, Bachelor (International Economic Law)

EXCELLENT CASE PRACTICE

  • In a trademark infringement dispute re Societe Jas Hennessy Co. v. ZHENG Weiping, Shanghai HUA JIN Commercial Co., Ltd et al, representing the plaintiff (HENNESSY) to file the civil lawsuit and attend the court hearing as attorney. The case was rewarded as Typical 50 IPR Cases by Supreme People’s Court in 2012
  • In a trademark infringement dispute re PIRELLI v Gold Partner, representing the plaintiff to file the civil lawsuit and attend the court hearing, to finally persuade the Judges to acknowledge the similarity between PIRELLI trademark and the alleged trademarks. The case was selected as Typical 10 IPR Cases in Qingdao City by Qingdao High People’s Court in 2012
  • In a trademark infringement litigation involving HENNESSY in Meizhou City, Guangdong Province, representing the plaintiff to handle the case. The case was selected as typical case by Meizhou Intermediate People’s Court in 2013
  • In trademark infringement dispute on behalf of Akzo Nobel (right owner of DULUX brand), representing the plaintiff to process the case, to push the defendant to reach a favorable settlement to Akzo Nobel by acquiring 6 DULUX related trademarks squatted by the counterparty.
  • Representing AMAZON as the defendant to handle the Consumer Interest case, proposed a whole strategy for 20 Malicious Litigation filed by anti-counterfeit professionals, won the whole battle by reaching favorable settlements to AMAZON.
  • Wal-mart and its Chinese character of “WO ER MA” were both recognized as well-known trademark through the trademark prosecution processes and through administrative litigation.

ARTICLES PUBLISHED

  • Can voluntary administrative action be deemed as a clear notice of infringement in a non-infringement declaration lawsuit,Kevin Xu,Karen Hao[Eng]
  • “Protection principles and recommendations on the right of personal name registration in China”.Kevin Xu,Mandy Wang[Eng]
  • “Rules of Usage and Protection for Domain Name” – <China Business Law Journal> – 2013
  • “The rules of identifying well-known trademark in practice” – – 2015 (4)