ENG

  • Dan HE

    Equity Partner / Wuhan

  • Tel +86-27-5942-5198

    Email hedan@zhonglun.com

  • Practices

    IP Licensing & Enforcement, White Collar Crime & Criminal Compliance, Cybersecurity & Data Protection

  • Industries

    Urban Infrastructure, Information & Intelligence Technology, Education & Training

CV

Dan HE

In his years of practice, Mr. He has represented a large number of litigation and arbitration cases spanning varied criminal, civil, and administrative fields, and he is especially astute in technical intellectual property disputes (most notably trade secrets and patent litigation). Mr. He has handled many difficult and complex cases involving Fortune 500 companies, winning multiple cross-border trade secrets cases involving both civil and criminal elements, each valued at over CNY 100 million. Many cases have been selected into guiding cases compiled by courts and intellectual property bureaus at all levels. Apart from work in resolving complex disputes, Mr. He also leads his team to provide comprehensive legal services to 985 universities and affiliated industries, key state-owned enterprises, listed companies, government agencies, etc. He has published several papers and books with great industry influence in the areas of IPR compliance, development of high-value patents, listing of science and technology innovation companies, patent infringement litigation, and protection of trade secrets.

Representative Matters

Technical intellectual property litigation legal service performance (patent, trade secret, technology-based contract disputes)

  • Represented a Hubei steel construction engineering enterprise and a Guangdong company in a series of patent right ownership (trade secret) disputes, which is selected as one of the top ten outstanding intellectual property service cases in Wuhan.

  • Represented a Hubei metallurgical technology engineering company and a Beijing company in a series of patent right ownership (trade secret) dispute cases, winning the final trial in the Supreme Court.

  • Represented a Hubei laser technology company and a Shanghai company in a series of patent right ownership (trade secret) dispute cases, which is selected as one of the top ten outstanding intellectual property service cases in Wuhan.

  • Represented a German company in a criminal case against a company's employees for trade secret crimes, involving an amount of over one billion yuan.

  • Represented a Hubei company and a Shandong company in a criminal, civil and administrative case of trade secrets, involving an amount of more than 100 million yuan.

  • Represented a Hunan company and a Wuhan foreign company in a civil case of trade secrets, involving an amount of more than 100 million yuan.

  • Represented a Shandong equipment manufacturing enterprise in an administrative investigation and handling of appearance patent case, which is selected as one of the top ten typical cases of national patent administrative protection.

  • Represented an iron and steel smelting equipment company in a patent administrative investigation case, confirming infringement and successfully obtaining compensation.

  • Represented a Fortune 500 communication technology company in Shenzhen in response to a patent infringement and patent invalidation dispute filed by a company in Wuhan.

  • Represented a railroad construction company and a Hunan company in a patent infringement dispute, and successfully obtaining compensation, which is selected as one of the top ten outstanding intellectual property service cases in Wuhan.

  • Represented a Wuhan medical device company and a Japanese Fortune 500 company in a dispute over patent infringement, confirming that it is not liable for infringement.

  • Represented a Wuhan pump company in a patent infringement dispute against a Fortune 500 company in the United States, confirming that it does not assume liability for infringement.

  • Represented a Swedish audio equipment company in a patent infringement dispute against a Guangdong company, confirming that it does not bear the infringement liability.

  • Represented a Shenzhen electronic equipment company in a series of patent infringement defense cases, all successfully confirming infringement and obtaining compensation.

  • Represented a listed cultural company in Guangdong in a series of patent infringement cases, and successfully confirming the infringement and obtained compensation.

  • Represented a listed electric power company in Hubei in a series of patent invalidation cases, which is selected as one of the top ten outstanding intellectual property service cases in Wuhan.

  • Acting a number of patent administrative litigation cases with an administrative organ in Wuhan as the defendant, were successful.

  • Represented a Beijing technology company in a dispute over a computer software development contract with a Wuhan company, winning the final trial in the Supreme Court.

  • Represented a Guangdong research institute in a dispute over a technology development contract with a listed company in Hubei, and successfully reaching a settlement.

  • Represented a university in a technology-based contract dispute involving trade secrets with a Wuhan company, winning the case and obtaining full compensation.

  • As the chief and sole arbitrator of Wuhan Arbitration Commission, successfully handling more than ten difficult and complicated intellectual property disputes and technology disputes every year.


Other types of intellectual property litigation legal service performance

  • Represented a famous wine producer in Wuhan in a dispute over trademark infringement and unfair competition, confirming that the infringement is established and obtaining compensation.

  • Represented a well-known liquor company in Hubei in a dispute over a trademark license contract, winning the case and obtaining full compensation.

  • Represented a famous beverage company in Shenzhen in a trademark infringement and unfair competition case against a company, confirming the infringement and obtaining compensation.

  • Represented a well-known software company in Wuhan in a trademark infringement and unfair competition case against a company in Beijing and Shanghai, confirming the infringement and obtaining compensation.

  • Represented a multinational hotel chain management company in Hong Kong in a dispute against a company in Guangdong,confirming non-infringement of trademark rights, and winning the case.

  • Represented a 985 university in Hubei in a number of trademark opposition, re-examination, revocation and administrative litigation cases, which is selected as one of the top ten outstanding intellectual property service cases in Wuhan.

  • Represented a well-known university in Singapore in several trademark opposition, re-examination and administrative litigation cases in China.

  • Represented a famous French Foreign wine enterprise in a series of administrative investigation and punishment cases of well-known trademark infringement. Accepting its commission as the victim's representative to participate in the investigation, prosecution and trial proceedings of the suspected criminal case of selling counterfeit registered trademarks, and the suspects are all criminally sanctioned.

  • Represented a well-known educational listed company in Wuhan in a series of copyright infringement and unfair competition cases, confirming the establishment of infringement and obtaining compensation.

  • Represented a well-known brand in Hubei in a dispute over the copyright ownership of a work of calligraphy, which is selected as one of the ten typical intellectual property cases of Hubei High Court.

  • Represented more than ten national publishing houses in Beijing in a series of book copyright defense cases in Hubei, confirming that the infringement is established and obtaining compensation.

  • Represented a number of copyright dominant enterprises in Beijing and Shanghai in a series of cases to defend their rights, confirming that the infringement is established and obtaining compensation, and is selected as one of the top ten typical cases of intellectual property protection of Hunan High Court.

  • Represented a number of film and television rights holders in Beijing in a series of cases to defend the copyright of films and MTVs, confirming that the infringement is established and obtaining compensation.

  • Represented a number of companies in a series of cases concerning copyright infringement and unfair competition of game works, confirming that the infringement is established and obtaining compensation.


Non-litigation intellectual property legal service performance

  • Provided IPR compliance legal services such as patent warning, patent analysis and layout, and trade secret system construction for a number of IPR superior enterprises in Hubei.

  • Provided overall legal services for a 985 university in Hubei for contract review, system construction and compliance work on trademark, copyright, technology development and transformation of achievements.

  • Provided overall compliance special legal services for an industrial group under a 985 university in Hubei for the restructuring of school enterprises, with the project amount exceeding 10 billion yuan.

  • Provided special legal service for a listed enterprise of laser industry in Hubei for equity transfer, with the transaction market value over 4 billion yuan.

  • Provided special legal service for the cancellation and liquidation of dozens of zombie enterprises of an industrial group affiliated to a 985 university in Hubei.

  • Provided patent value assessment and patent license transaction special legal service for a number of projects of a 985 university in Hubei.

  • Provided FTO infringement warning analysis legal services for a Fortune 500 automobile manufacturer in Hubei.

  • Provided patent analysis and layout legal services for a communication listed company in Hubei.

  • Provided patent analysis, patent mining and layout legal services for a Hubei special vehicle limited company.

  • Provided patent strategy consulting, trademark search and layout legal services for a leading environmental protection materials company in Hangzhou.

  • Provided patent mining and layout legal services for a Hubei new material limited company.

  • Provided special legal services for the formulation and implementation of intellectual property strategy for a landscape construction engineering enterprise in Hubei.

  • Provided patent analysis and layout special legal service for a traffic technology company in Guangzhou.


Legal Services for Commercial Crime and Criminal Compliance

  • Providing criminal consulting to a college teacher suspected of the crime of picking quarrels and provoking troubles

  • Providing criminal defense counsel to a company’s senior executives suspected of offering bribery to a legal person

  • Providing criminal consulting to a logistics group’s executive suspected of bribery

  • Providing criminal defense counsel to a senior executive of a machinery company who was suspected of intentional homicide for allegedly causing the death of an employee in a dispute over compensation for workplace injury, of which the second instance judgement upheld our argument of self-defense and acquitted the client, sparing the client from criminal punishment

  • Providing criminal defense counsel to a company’s technical director suspected of trade secret related crimes in the first instance, second instance, and retrial

  • Providing criminal defense counsel at various stages of the case and other legal assistance to executives of a company suspected of illegal mining for the suspected crime and other matters related to it

  • Acting for a foreign-funded company in reporting trade secret crime and network security crime to the authorities and prompting the competent authority accept our filing of a criminal case of illegally obtaining computer information systems

  • Providing criminal defense counsel to a company’s technical director suspected of espionage

  • Providing criminal defense legal services to the technical director of a software company suspected of trade secret related crimes

  • Providing criminal consulting to executives of a company suspected of network security crimes

  • Providing dispute resolution services to criminal suspects and victims of crimes of violating commercial secrets in criminal litigation

  • Providing criminal compliance services to many state-owned enterprises and listed companies

  • Providing dispute resolution services to criminal suspects and victims in a number of cases of unauthorized production of goods bearing registered trademarks


Comprehensive legal service performance

  • For many years, he has provided comprehensive legal services such as legal counsel and representation of difficult commercial litigation and arbitration cases for many government agencies, 985 universities, listed companies, large state-owned enterprises and private enterprises.

Honors and Awards

Band 2, Chambers China Region 2024 Corporate/Commercial Regional List.

Band 2, Chambers China Region 2023 Corporate/Commercial Regional List.

Band 2, Chambers China Region 2022 Corporate/Commercial Regional List.

Band 2, Chambers Asia-Pacific Guide 2021 Corporate/Commercial Regional List.

National Talent Pool of Thousands of Foreign-related Lawyers, Ministry of Justice.

Civil administrative case consulting expert, Supreme People's Procuratorate.

Talent pool of social lawyers for troop legal services, Hubei Provincial Department of Justice, Wuhan Military Court.

National Intellectual Property Talent Development Program Faculty, Hubei Intellectual Property Office.

Intellectual property evaluation experts for science and technology projects, Hubei Provincial Department of Science and Technology, Hubei Provincial Intellectual Property Office, etc.

Trade secret expert pool (industry experts), Wuhan Municipal Bureau of Market Supervision.

Overseas intellectual property dispute response guidance expert pool, China (Wuhan) Intellectual Property Protection Center.

He has been awarded the honorary titles of "advanced individual in petition", "advanced individual in cultural protection system" and "top ten lawyers" by the People's Congress of Hubei Province and Wuhan City, public security system and judicial administration system for many times.

Memberships & Affiliations

Director, Intellectual Property Professional Committee of Hubei Lawyers Association

Standing Director, Hubei Law Society Intellectual Property Law Research Association

Standing Director, Wuhan Lawyers Association

Director, Intellectual Property Committee of Wuhan Lawyers Association

Vice Chairman, Wuhan Intellectual Property Research Association

Arbitrator, Beijing Arbitration Commission

Arbitrator, Wuhan Arbitration Commission

Part-time Tutor/External Tutor of law postgraduates, Wuhan University, Huazhong University of Science and Technology, Hubei University, Wuhan Institute of Technology, and other universities

Former Member, Intellectual Property Professional Committee of the National Lawyers Association

Former Director, Hubei Lawyers Association

Former Director, Wuhan Lawyers Association

Publications

“A Brief Discussion on the Nature of Subjects of Laws Regulating ESOP” (first author), Technology Progress and Policy, February 2003

“Discussion on Property Rights and Intellectual Property Rights of Human Capital” (first author), Electronic Intellectual Property Rights, April 2003

“Discussion on Determining Values of the Legal Regime of Employee Stock Ownership” (first author), Theory Monthly, May 2003

“Envisioning Human Rights Legal System” (second author), Law Review, March 2004

“Reducing Carbon Emission - Foresight of CCS Technology Developing, IP management and Global Technology Transfer”, IAMOT Conference, 2016

“The Dilemma and Solution of Intellectual Property Legal Services” (first author), Intellectual Property: The Legal Wisdom Behind Technological Disruption, ISBN: 9787519721114, Law Publishing House, April 2018

“Research on Legal Services of Intellectual Property Investment and Financing” (first author), Intellectual Property: The Legal Wisdom Behind Technological Disruption, ISBN: 9787519721114, Law Publishing House, April 2018

“Identification and Regulation of Market Confusion - on the Application of the Newly Revised Law against Unfair Competition” (first author), Law and Society, January 2019

“Empirical Study on Patent Infringement Judgment with Use Environment Features in Claims” (first author), CLI.A.232160, August 30, 2019

“Lowering the Threshold of Crime and Unifying Judicial Practice Standards - Interpreting the New Changes in Criminal Judicial Interpretation of Intellectual Property Rights” (first author), CLI.A.240495, October 22, 2020

“Suggestions for Enterprises to Build Intellectual Property Compliance System under the New Regulations of Star Market” (first author), Shenzhen Legal Review, February 2021.

“The Effect of the Two-Year Implementation of the Leap Appeal System Seen from the Trial Data” (first author), CLI.A.242446, March 25, 2021

“The Intellectual Property Compliance Measures of Enterprises in Technology Development from the Perspective of Technical Dispute Cases” (first author), CLI.A.242652, March 30, 2021

“The Compliance Governance Path of Universities under the New Situation” (first author), CLI.A.242642, April 2, 2021

“The Trend of Intellectual Property Supervision and Compliance of Enterprises to be Listed on the Science and Technology Innovation Board ” (first author), CLI.A.243104, April 27, 2021

“On the Influence of the Latest Judicial Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on the Protection of Enterprise Intellectual Property Rights” (first author), Law and Society, June 2021

“The Copyright Compliance Trend of Short Video Publishing Platform from the Perspective of Litigation Ban” (first author), CLI.A.245024, August 11, 2021

“Intellectual Property Compliance for Environmental Enterprises Aspiring to List on the Science and Technology Board ” (first author), CLI.A.248248, January 12, 2022

“Research on the Application of the Principle of Equivalence of Patent Infringement Cases in Digital Economy” (first author), CLI.A.259662, CLI.A.259675, May 9, 2023

“Requirements and Practice Exploration of Intellectual Property Compliance for High-tech Enterprises” (first author), Shanghai Law Research Journal, October 2023

“Research on Technical Contract Disputes in the Transformation of Scientific and Technological Achievements in Universities - a Case of Arbitration of a Technical Contract Dispute” (first author), Shanghai Law Research Journal, October 2023

“New Trends in the Field of Intellectual Property Compliance: Evaluation and Analysis of the Requirements of Enterprise Intellectual Property Compliance Management System” (first author), CLI.A.263729, December 15, 2023

“Construction of Enterprise Trade Secret Compliance System from the Perspective of Overall National Security” (first author), CLI.A.263741, December 15, 2023

“Practice and Exploration of Enterprise Trade Secret Protection under the Background of Digital Economy” (first author), Law fair, March 2024

Related

  • Bar Admissions/Professional Qualifications

    PRC lawyer qualification
    Patent agent qualification
    Independent directors of listed companies qualification

  • Education

    PhD candidate in Management, Huazhong University of Science and Technology
    LL.M. & Master of Engineering, Huazhong University of Science and Technology
    LL.B., Zhongnan University of Economics and Law

  • Professional Experience

    Equity partner, Zhong Lun Law Firm
    Senior partner and executive director of Beijing Dacheng (Wuhan) Law Firm

  • Languages

    Chinese
    English