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Helen CHENG
Equity Partner / Shanghai
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Tel +86-21-6061-3058
Email helencheng@zhonglun.com
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Practices

IP Licensing & Enforcement, Litigation & Arbitration, Antitrust & Competition
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Industries

Energy & Power, Intelligence Technology & Application, Pharmaceuticals & Life Sciences, Education & Training, Media, Sports & Entertainment
Helen CHENG
Helen's practice encompasses all aspects of intellectual property, including patent and trademark litigation, licensing and technology transfer, IP due diligence, and client counseling on IP enforcement strategy.
She has extensive experience in assisting multinational companies in structuring and negotiating cross-border IP and technology-related transactions, such as licensing, strategic alliances, and joint ventures. She regularly provides IP counseling to multinational companies in acquiring technology and developing IP strategies for R&D activities in China, including advising on IP policies for R&D related activities, strategies for trade secret protection, and IP enforcement strategies in China.
Helen has received numerous awards for her professional achievements. Chambers & Partners states that she has "deep professional knowledge and very solid methodology." She is praised by clients for "her business acumen as well as her communication skills and strategic approach" and "her understanding as well as quick and accurate grasp of key points, [which] helped her clients achieve their goals."
Representative Matters
IP Litigation
Represented a leading US semiconductor manufacturer in a lawsuit in China involving trade secret violation on complex integrated circuit lay-out design and unfair competition dispute arising from the competing business set up by its former employees in multiple locations in China and US and provided services including coordinating with parallel litigation procedures in the US to assist investigation and lawsuit in China, achieving a favorable settlement for the client
Represented a well-known chemicals company, conducted in-depth investigations on the patent infringement of multiple domestic dyestuff manufacturers and filed patent enforcement lawsuits, and successfully handled patent invalidation proceedings initiated by multiple alleged infringers and maintained validity of the patents in dispute, where considering the involvement of long-term, continuous infringement and huge amount of damages, the enforcement actions attracted the attention from the intellectual property counselor of the United States in China, Sino-US trade chamber of commerce, and many other industrial organizations
Represented a to-be-listed manufacturing enterprise in handling the malicious lawsuit and public relations crisis initiated by patent pirates during the listing process, and by deploying litigation strategies and auxiliary schemes such as transfer of jurisdiction, discovery of major evidential defects, and filing of patent invalidation, successfully compelled the plaintiff to voluntarily offer settlement and paved way for the successful listing of the client
Represented a leading German auto part manufacturer, investigated multiple companies that manufactured infringing ultrasonic metal welding products, filed lawsuits against multiple infringers for manufacturing, selling, and offering to sell infringing products in multiple courts at different locations, successfully handled the patent invalidation proceedings initiated by the infringers, and obtained favorable judgments in all cases filed
Represented a well-known US wireless telecommunication chip manufacturer to file lawsuit against a domestic mobile phone manufacturer with respect to disputes over license terms on standard essential patents, including designing litigation and public relations strategies, illustrating connotation of FRAND obligation, reverse hijack, patent stacking, etc., in combination of industry practice, and finally obtained a favorable settlement
Provided a leading Swiss pharmaceutical company with services concerning the enforcement strategies for its best-selling drug after the expiration of compound patent, including performing validity and enforceability analysis for the secondary patent of the drug, performing infringement analysis of the generic drug, and designing litigation strategies in combination with drug pricing strategies
Represented a leading US pharmaceutical company in its patent infringement lawsuit against a Changzhou-based pharmaceutical company with respect to a neuroleptic drug throughout the first instance proceedings before Jiangsu High People's Court and the second instance proceedings before the Supreme People's Court
Provided a famous mobile phones application developer with long-term legal service for series of design patent and copyright protection matters in China, including obtaining favorable decisions in 28 design patent invalidations and subsequent administrative lawsuits
Represented a European company in multiple trademark infringement actions across China and designed and executed a successful enforcement plan against multiple counterfeiters in different locations, which resulted in clearance of market and criminal proceedings against one infringer that engaged in volume manufacturing of counterfeit products
IP Transactions
Represented a state-owned enterprise in a high profile theme park project, providing full-spectrum legal services for multi-type and multi-level intellectual property licensing matters as the client's chief IP counsel, with this project being one of the pillar projects of Beijing Municipality which is specially approved by State Counsel, and the cross-border intellectual property licensing and related transactions therein requiring comprehensive consideration of corporate structure, project operation, land development, park construction, financing, financial evaluation, and other multiple factors, which, when combined, attributed to a unique project in the industry in terms of deal size and challenges
Represented a famous British consumer products company in its acquisition of a listed Chinese company (including its several subsidiaries located in different places) by providing comprehensive legal services for IP related issues, such as IP due diligence, as well as legal risk evaluation, legal advice, and business solutions for all kinds of IP issues in the acquisition
Represented a leading US software company in an IP asset transfer and in-licensing transaction, involving formulating IP transaction framework, designing ownership of rights and types of IP transaction according to business needs, such as transfer, licensing, cross-licensing and reverse licensing, drafting legal documents, and participating in negotiations
Provided a leading optical transceiver module designer and manufacturer with legal services including designing intellectual property protection system, formulating a full set of intellectual property system, reviewing development agreements, license agreement, procurement agreements, sales agreements, and other types of intellectual property related agreements, assisting R&D personnel in performing patent analysis and freedom to operate analysis on core technology
Represented a leading US energy company in an IP asset transfer and in-licensing transaction relating to photovoltaic power generation systems at Inner Mongolia and advised the client on IP contribution as in-kind capital investment, IP assets evaluation, technology control, IP due diligence, and licensing issues
Represented a famous investment corporation in its acquisition of a geothermal energy project in California, including conducting IP due diligence, designing the IP transaction framework, and drafting and reviewing legal documents
Represented a well-known Chinese biopharmaceutical company in its initial public offering and listing in the United States, including conducting legal due diligence, providing legal advice on matters such as in-license of drug R&D projects, drug registration categories and risk disclosure, clinical trials, and issuing PRC legal opinion
Represented a state-owned venture capital in its acquisition of a world leading pharmaceutical company's R&D center and the consequent incorporation of a joint venture in China's mainland, including legal advice from designing the transaction plan, conducting legal due diligence, assisting with deal negotiation, drafting, reviewing and revising transaction documents through to deal closing
Represented a famous Chinese pharmaceutical company in its licensing-in of the fifth-generation cephalosporin antibiotics of "ceftobiprole", services covering multi-center clinical trials, protection of clinical data, procurement of raw materials, and other regulatory matters throughout the project
Honors and Awards
For Individual
Outstanding Young Partners, Chambers Asia Pacific, 2014
China Top 15 IP Lawyers, Asian Legal Business, 2016
Leading Lawyer for IP litigation, Chambers Asia Pacific, 2014-2022
"IAM Patent 1000"-The World's Leading Patent Professionals, Intellectual Asset Management, 2016-2022
Highly Recommended Lawyer in IP litigation and IP Transaction, 2018-2022
The 7th Batch of Outstanding Female Lawyers, Shanghai Bar Association and Shanghai Female Lawyers Association, 2022
Memberships & Affiliations
Adjunct Professor, Koguan School of Law, Shanghai Jiaotong University
Adjunct Professor, East China University of Politics and Law
Alternative Dispute Resolution Committee, International Association for the Protection of Intellectual Property (AIPPI)
International Trademark Association (INTA)
All China Lawyers Association (ACLA)
All China Patent Agents Association (ACPAA)
Committee Member, Consultation Committee for China's Guidance IP Cases, Supreme People's Court, 2015-2019
Publications
"Trends and Developments in Life Sciences", Chambers and Partners (Life Science Practice Guide), April 2020
"Trends and Developments in Pharmaceutical Advertising" Chambers and Partners (Global Practice Guide), March 2020
"Border Copyright Guide - CHINA 2019", Terralex Cross, January 2019
"Trends and Developments in the Compliance Regulations of Healthcare Big Data Industry", China Law Insight, December 2018
"Brief analyze of protection for online games by adaptation right", Legal Person, July 2018
"Commentary on the Definition of 'Malicious Intent' in Malicious Patent Ligations from the Perspective of Judicial Practices", Legal Person, June 2018
"Trade Dress Protection to Well-known Commodities – Commentaries on Disputes between Wong Lo Kat and Jiaduobao", China Law Insight, May 2018
"Corporate Intellectual Property Management and Challenges in the Era of 'Internet Plus'", Zhong Lun Review, October 2017
"2017 Annual Review of Intellectual Property Litigation", Financier Worldwide Magazine, September 2017; China Business Law Journal, October 2017
"Determination and Standards for Ties-in under the Chinese Anti-Trust Law, Indications of Wuxiaoqin vs. Shanxi Broadcasting & Television Group", China Law Insight, March 2017
"Seeking Injunctions for Standard Essential Patents in China", Zhi Chan Li, March 2016
"Cross-border Copyright Guide 2016", TerraLex, January 2016
"Tips of Intellectual Property Protection in China" (co-author), China Intellectual Property, January 2013
"How the Chinese Supreme Court has Changed Patent Litigation", China Law & Practice, Vol. 26, No.3, April 2012
"The Scope of Protection of Process Claims and the Reversal of the Burden of Proof for Process Patents for Producing 'New' Products", Allen & Overy: PRC Litigation Review, Winter 2011
"What Multinational Companies Need to Know about Patent Invalidation and Patent Litigation in China", Northwestern Journal of Technology and Intellectual Property, Vol. 5, No.3, Summer 2007
"Patent Litigation in Chinese Courts", Global Intellectual Property Asset Management Report, Vol. 8, No.5, May 2005
"Are Your Chinese Patents at Risk?" Intellectual Property Today, December 2004; China Law & Practice, Vol. 18, No.10, December 2004/January 2005
Related
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Articles Related
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Deals Related
Zhong Lun Helps "怡宝" and "C'estbon" Trademarks Obtain Judicial Certification and Protection as Well-known Trademarks
This case was handled by Zhong Lun team led by partner Helen Cheng, and team members included associate Joseph Feng.
2022-07-04 -
Events Related
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Awards Related
Zhong Lun Garners 153 Honors across 40 Practice Areas in Chambers Greater China Region Guide 2025
Zhong Lun has received 153 accolades across 40 practice areas.
2025-02-17
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Bar Admissions/Professional Qualifications
PRC Bar
New York State Bar
Chinese Patent Bar -
Education
LL.M., Stanford Law School
LL.M., East China University of Politics and Law
Master of Science in Bioengineering, China Academy of Medical Sciences
Bachelor of Science in Biochemistry, Lanzhou University -
Professional Experience
Partner, Zhong Lun Law Firm, Shanghai Office, March 2013 to present
Counsel, Allen & Overy LLP, Shanghai Office, March 2011 – March 2013
Associate/senior associate, Jones Day, Shanghai/New York, September 2004 – February 2011
Associate, Leading Chinese IP boutique firms, February 1999 – August 2004 -
Languages
Chinese
English