ENG

  • Dongxiao MA

    Equity Partner / Beijing

  • Tel +86-10-5957-2099

    Email madongxiao@zhonglun.com

  • Practices

    IP Licensing & Enforcement, Litigation & Arbitration, Compliance & Investigation

  • Industries

    Information & Intelligence Technology, Media-Sports & Entertainment, Mining & Natural Resources

CV

Dongxiao MA

Mr. Ma mainly provides intellectual property protection and dispute resolution services in the areas including but not limited to patent, trademark, copyright, trade secret, anti-unfair competition, etc. The cases he handles include infringement cases, right granting and verification administrative cases of patent and trademark, as well as intellectual property criminal cases. His clients include not only multinational corporations (MNCs) but also a number of well-known domestic state-owned and private companies in industries including machinery, chemical, software, telecommunications, healthcare, internet, publishing, apparels, food and beverage.

Representative Matters

Trade Secret Cases
• Represented Ningbo Biwo Textile Machinery Co., Ltd. in a dispute with Ningbo Cixing Co., Ltd. over a contractual license for use of technical secrets [the case was selected as one of the ten typical cases of anti-monopoly and anti-unfair competition of the People's Courts issued by the Supreme People's Court in 2021, and the "Essentials of Decisions of the Intellectual Property Court of the Supreme People's Court (2019)" and "Abstract of Annual Report of the Supreme People's Court on Intellectual Property Rights Cases (2019)" in 2020].
• Represented Shanghai Luqi Machinery Co., Ltd. et al. and Ubiquitous (Shanghai) Machinery Co., Ltd. in a dispute over infringement of trade secrets [the case was selected as one of the Ten Typical Cases of the People's Courts Against Monopoly and Unfair Competition published by the Supreme People's Court in 2021].
• Represented Chengdu National Railway Precision Industry Co., Ltd. and Chengdu Tangyuan Electric Co., Ltd. in a trade secret and software copyright infringement case [the case involved the attribution of the rights and infringement of the R&D software and trade secrets developed by the plaintiff and defendant during the period of cooperation].
• Represented a large state-owned enterprise in Shenzhen in a trade secret dispute with a company [the case involved the infringement of the core code of the plaintiff's software used by departed employees to develop software in different application areas].
• Represented Beijing Tic Tic Unlimited Technology Development Co., Ltd. in a case involving infringement of trade secrets and unfair competition with Gaode Software Company Limited [Subject matter: RMB 75 million].
• Represented Shanghai Haixi Industrial Communication Co., Ltd. in a trade secret and software copyright infringement dispute with a company [the case involved the defendant stealing the communication code format from the plaintiff's communication software and copying it].
• Represented Sinco Electronics (Dongguan) Co., Ltd. in a cross-border trade secret infringement case against SINCO TECHNOLOGIES PTE, LTD. [coordinating domestic and foreign teams to handle a series of litigations in the U.S. and China regarding trademark infringement, trade secrets and unfair competition].
• Represented Yantai Wanster Co. v. Liu Yunlong and Yongli Cylinder Sleeve Factory in trade secret infringement disputes [Represented the right holder in the first instance proceedings of the Yantai Intermediate People's Court, the second instance proceedings of the Shandong Provincial Higher People's Court, and the re-trial proceedings of the Supreme People's Court, all of which resulted in a favorable outcome].
• Represented Yantai Wanster v. Yantai Fujitsu and Liu Yunlong in a trade secret infringement dispute [represented the client in obtaining 5 million RMB infringement damages in the Yantai Intermediate Court in the first instance, and the two parties settled the case in the second instance].
• Represented Dalian Penghui Xinda Technology Co., Ltd. and Dalian Huashi Fluid Equipment Co., Ltd. in a trade secret infringement dispute [the case was "criminalized before civil", and the client was represented in the first-instance proceedings of the Dalian Intermediate Court, the second-instance proceedings of the Higher People's Court of Liaoning Province, and the retrial proceedings of the Supreme People's Court].
• Represented Beijing Bo En Xing Zhi Education Technology Co., Ltd. v. Jiang Chun Lei, Beijing Yi Shi Kao Education Technology Co., Ltd. and others for infringement of trade secrets [the case involved an education anchor jumping ship and taking away the list of students].
• Represented Anhui Silicon Power Organic Silicon New Material Co., Ltd. in the case of infringement of trade secret dispute with Anhui Boiling Point New Material Co.
• Represented Daqing Zhengfang Software Technology Co., Ltd. and Beijing Jinzhengfang Data Co., Ltd. in the second trial of the dispute over infringement of trade secrets with Carbonate Crumb Oil Reservoir Co.
• Represented Qingdao Xinsanda Economic and Technological Development Co., Ltd. v. Hangfeng Technology and Trade Co., Ltd. and others in a case involving infringement of trade secrets, which involved a new type of film manufacturing method, and which was decided in 2000, and was one of the earliest trade secret cases in China.

High Profile Patent Litigation Cases
• Represented Huawei Technologies Co., Ltd. in a number of patent invalidation and infringement lawsuits, and was commissioned to provide special legal services for patent analysis.
• Represented Changsha Institute of Mining and Metallurgy Co., Ltd. in an administrative dispute over the invalidity of a utility model patent for a removable combined high-pressure water blasting nozzle [the patent in question was invalidated by the State Intellectual Property Office, and the client successfully reversed the case and obtained a judgment of victory at the Supreme Court of Justice in the second instance].
• Represented Leiwo Heavy Industry Co., Ltd. in a utility model patent infringement case against Li Hongbo and Harbin Tengyue Automobile Distribution Co.
• Represented Shenzhen Xuran Electronics Co., Ltd. in a patent infringement and invalidation litigation against Asahi Kasei Co., Ltd. for a lithium-ion battery diaphragm [involving a patent litigation for a single-layer W-scope battery diaphragm].
• Represented Beijing Qihoo Technology Co., Ltd. and Beijing Jiangmin Technology Co., Ltd. in "GUI" design patent infringement litigation [this case is known as the first case of GUI patent infringement in China, which has had a far-reaching impact on China's graphical user interface GUI industry].
• Represented Hengbao Co., Ltd. in a patent infringement litigation case against Beijing Grip Data Systems Co., Ltd. for U-shield invention [the case was emphasized by the National People's Congress and widely concerned by the whole society, and the case opened a precedent of high compensation judgment in China's patent litigation court].
• Represented Shenzhen Jinyi Technology Co., Ltd. and Beijing Juli Technology Co., Ltd. in an invention patent infringement litigation case [The subject matter of the case was 100 million yuan. The case involved patent infringement of ETC non-stop electronic toll collection system, which attracted much attention from the ETC industry.
• Represented Shanghai Purisheng Co., Ltd. in a series of utility model and invention patent infringement lawsuits against Taizhou Zhuye Machinery Technology Co., Ltd. [assisting Purisheng to deal with malicious patent litigation before listing, and assisting Purisheng to successfully land on the GEM board in the process of litigation].
• Represented Sichuan Lanchen Pipe Industry Company and Chengdu Kaiyuan Pipe Industry Company in a patent infringement dispute and patent invalidation case [Lanchen lost in the first instance and then represented Lanchen in filing a request for invalidation of the patent in question, which ultimately resulted in the patent in question being declared invalid and the other party's lawsuit being rejected by the Supreme People's Court].
• Represented Shanghai Kaisai Biotechnology R&D Center Co., Ltd. and Shandong Hanfeng Biotechnology Co., Ltd. in a patent infringement dispute [This case is a typical case of judicial protection of intellectual property rights in Qingdao Intellectual Property Court in 2019].
• Represented Shanghai Kaisai Biotechnology R&D Center Co., Ltd. and Shandong Hanlin Biotechnology Co., Ltd. in a series of litigations on the ownership of the patent right of long-chain diacid invention, infringement of trade secrets, and revocation of the pre-litigation injunction case [the case involved criminal and civil litigations on patent infringement, patent ownership, and trade secrets; it was the first case in China to revoke the pre-litigation injunction case].
• Represented Kunshan Tong Plastic Machinery Manufacturing Co., Ltd. and Sichuan Jinshi Dongfang Co., Ltd. in a utility model patent infringement litigation of "metal reinforced spiral corrugated pipe manufacturing device" [Re-examined by the Supreme People's Court].
• Represented the Institute of Computing Technology of the Chinese Academy of Sciences in a patent invalidation administrative litigation with the State Intellectual Property Office of China and Tiandi Rong Technology Company Limited [a re-examination case in the Supreme People's Court involving the most basic patent in the field of digital identity tokens].

High Profile Trademark and Copyright Cases
• Represented Fujian Qiaodan Sports Co., Ltd. in a series of 68 trademark administrative litigations for retrial in the Supreme Court (the series of cases was ranked as the first of the top ten intellectual property cases in Chinese courts in 2016)
• Represented Proview Technology in a series of litigations against Apple Inc. in relation to trademark ownership, infringement and administrative investigation of the "IPAD" trademark (the case was selected as the first of the top ten cases of judicial protection of intellectual property rights by the Supreme People's Court in China in 2012).
• Represented Cortina NV in an administrative litigation on invalidation of its trademark (the case was re-examined by the Supreme People's Court).
• Represented Hong Kong Ronghua Bakery Company and Su Guorong in the case of trademark infringement and unfair competition of "Ronghua Mooncake" (a retrial case before the Supreme People's Court).
• Represented Shandong Xinyuan Welding Material Co. in a litigation case concerning trademark license contract (a retrial case before the Supreme People's Court).
• Represented Zhejiang Zhongcheng Technology Group Company in a trademark infringement litigation with American Power Conversion Corporation (Supreme People's Court Re-examination Case).
• Represented Jiangsu Muyang Group Company in a trademark infringement litigation with Jiangsu Meander Company (a retrial case before the Supreme People's Court).
• Represented Dongguan Jintian Paper Industry Co., Ltd. in an administrative litigation against the TRAB in relation to a trademark rejection and review(Supreme People's Court Re-examination Case)
• Represented Shanghai Old Temple Gold in an administrative litigation with Shanghai Chenghuang Jewelry General Store over the trademark "Chenghuang" (a re-examination case before the Supreme People's Court).
• Represented Sichuan Jianyang Qiankun Group in the administrative litigation of the trademark "Chaoji" with the TRAB (a retrial case before the Supreme People's Court).
• Represented Zhejiang Medical Corporation in an administrative litigation with the TRAB and Zhejiang Medical Insurance Import & Export Corporation over the trademark "ZMC" (a retrial case before the Supreme People's Court).
• Represented Hong Kong Saturday Fortune Jewelry International Group Limited in a trademark infringement and unfair competition litigation (case re-examined by the Supreme People's Court).
• Represented Orion Technology Co., Ltd. in a series of litigations concerning trademark infringement and unfair competition in Red Bull packaging and decoration against Thailand Tencel Pharmaceuticals
• Represented Beijing Xiuyou Technology Co., Ltd. and LideSpace Information Technology Co., Ltd. in a dispute over copyright infringement of electronic map software and unfair competition with Beijing Four Dimensional Map New Technology Co.
• Represented Chen Junyi in a copyright infringement dispute with Hubei China Tobacco Industry Co., Ltd, Chongqing Chongbai Jiulong Department Store Co., Ltd, and Wuhan Hongzhicai Packaging & Printing Co. (The case was selected as one of the Top 10 Typical Cases of Judicial Protection of Intellectual Property Rights by Chongqing Courts in 2019.)
• Represented Qingdao Publishing House, Shanghai Xuanting Entertainment Information Technology Co. Ltd. and Zhang Muye in the case of copyright infringement and unfair competition dispute over book works of Ghost Blown Lantern (the case involves the right to modify the well-known series of novels Ghost Blown Lantern, the right to protect the integrity of the works and other rights, the plaintiff sued for 10 million dollars in damages, and the court ultimately ruled that it was 50,000 dollars)
• Represented Beijing Beifang Founder Electronics Co., Ltd. and Guangzhou Procter & Gamble Co., Ltd. in a copyright infringement case (the case involved the copyright protection of font typefaces, and went through two final hearings by the Beijing Haidian District Court and the Beijing First Intermediate People's Court, which triggered the industry's extensive inquiry and debate on the issue of copyright protection of monogram fonts).
• Represented CyberLink Technology Co., Ltd. in a software copyright infringement dispute with Beijing Storm Video Technology Co.
• Represented Ms. Lv Yan, a clothing designer, in a series of clothing copyright infringement disputes with Shenzhen Ying'er Company and Shenzhen Ou Shi Li Company (the cases involved the question of whether clothing style designs could be protected by copyright.)

Zhong Lun Advises Lepu Bio on an Over USD 1 Billion Global Intellectual Property Licensing
Zhong Lun Assists Kakao in Defending Rights over its Repeatedly Preemptively-registered Well-known Trademarks
Zhonglun Won the Trademark Infringement Case for Sunac Group

Related

  • Bar Admissions/Professional Qualifications

    Trademark Attorney License, 2000
    PRC Bar, 1999
    Patent Attorney License, 1992

  • Education

    Juris Master, Peking University, 2002
    Bachelor of Mechanical Engineering, Qingdao University, 1989

  • Professional Experience

    Partner, Zhong Lun Law Firm, 2013 to present
    Partner, Grandall Legal Group, 2006-2013
    Deputy General Manager, IntellecPro, 2002-2005
    Director of Legal Department, Haier Group, 1989-1999

  • Languages

    Chinese
    English