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Yuanchao MA
Equity Partner / Shanghai
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Tel +86-21-6061-3188
Email myc@zhonglun.com
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Practices
IP Licensing & Enforcement, Cybersecurity & Data Protection, Litigation & Arbitration
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Industries
Telecommunications & Internet, Information & Intelligence Technology, Media-Sports & Entertainment
Yuanchao MA
Mr. Ma Yuanchao, partner of Zhong Lun Law Firm, has been devoted to the management and dispute resolution of intellectual property rights such as copyright, trademark, trade secret, anti-unfair competition, patent, etc., as well as to the legal service of network data security and protection, for domestic and foreign enterprises for more than 20 years, covering industries such as internet, software information, cultural entertainment & games, decoration & design, education, transportation, advertising, food and manufacturing, etc. Mr. Ma is also a special-appointed professor and part-time supervisor for master-degree students of East China University of Political Science and Law and an arbitrator of Shanghai Arbitration Commission. He has been awarded as one of ALB China Top 15 Intellectual Property Lawyers in 2015 & 2018, and has been listed as IP litigation Lawyer on Chambers and Partners Asia-Pacific Guide and LEGALBAND Ranking List of China Top-level Lawyers over the years.
Mr. Ma has rich practical experience in the field of dispute resolution regarding intellectual property and anti-unfair competition. Many major litigation cases represented by Mr. Ma have been selected as typical cases in China. For example, Mr. Ma represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Shenzhen Juwangshi Science & Technology Co., Ltd. involving China’s first unfair competition dispute about the hotlinking of the video aggregator, which was selected in the Gazette of the Supreme People's Court (Volume 12, 2016).
Representative Matters
China’s First and Top 10 Typical Cases of Dispute Resolution
Represented Shanghai Erguang Catering Management Co., Ltd. in the case filed against Shanghai Zaigao Catering Management Co., Ltd, Aiush Investment Holding Co., Ltd. and Mr. Wang involving a dispute over unfair competition, which was selected as one of the Top Fifty Typical IPR Cases of PRC announced by the Supreme People’s Court (2021) and one of the Model Cases Strengthening Intellectual Property Protection of Shanghai Courts (2021)
Represented Beijing Hanyi Fonts in the case filed against Beijing Zimeng Technology Co. Ltd. involving a dispute over copyright infringement of fonts, which was selected as one of the Excellent IPR-Protection Cases of Beijing Courts (2021)
Represented Tencent in the case filed against Shenzhen Wei Shi Kong Info. & Tech. Co., Ltd. and Mr. Zhao involving a dispute over unfair competition regarding click farming activities, which was selected as one of the Top Ten Innovative IP Cases by Shenzhen Intermediate People's Court (2020)
Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Hangzhou Feiyi Information and Technology Co., Ltd., Mr. Lv, and Mr. Hu involving a dispute over unfair competition which was China’s first unfair competition case against click farming activities for videos and was selected as one of the Shanghai Top Ten IP Typical Cases (2019), Shanghai Top Ten IP Cases released by Shanghai High People’s Court (2019), and Internet and Software Industry Top Ten IP Cases (2019)
Represented Beijing IQIYI Science & Technology Co., Ltd in a criminal case against the suspects Mr. Yan, Mr. Yin and Mr. Yang involving copyright infringement, which was selected as one of the Top Five IP Criminal Cases by Nanjing Procuratora+C7te (2019)
Represented Tencent in the case filed against Shanghai Zhen Cai Multimedia Co., Ltd. involving copyright infringement and unfair competition regarding destroying technology settlement and setting illegal links, which was selected in the Top Ten Typical Copyright Cases in Shanghai (2018)
Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Shenzhen Juwangshi Science & Technology Co., Ltd. involving China’s first unfair competition dispute about the hotlinking of the video aggregator, which was selected in the Gazette of the Supreme People's Court (Volume 12, 2016), the Fifty Typical IP Cases in Chinese Court by the Supreme People‘s Court of PRC (2016), the Top Ten IP Cases by Shanghai High People’s Court (2016), and China’s Top Ten Most Valuable IP Adjudication Cases (2015)
Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Shanghai Wanmu Business Consulting Co., Ltd. involving China’s first case involving infringement by a private cinema upon the right of information network dissemination, which was selected in the Top Ten Typical Copyright Cases in Shanghai (2016)
Represented Beijing IQIYI Science & Technology Co., Ltd. in the case filed against Beijing Ji Ke Ji Ke Technology Co., Ltd. involving a dispute over unfair competition of blocking adware, which was selected in the Top Ten Typical Civil Cases in China Trial (2015) published on China Trial, the Top Ten Innovative Cases in Beijing Courts (2015) and China’s Top Ten Most Valuable IP Adjudication Cases (2014)
Represented in the case on “金骏眉" (Jin Jun Mei) trademark administrative dispute, which was selected in the Top Ten Typical IP Cases of the Supreme People’s Court of PRC (2013) and the Top Ten Typical IP Judicial Protection Cases of Beijing Courts (2013)
Represented in the criminal case against the suspect Mr. Wu involving infringement of trade secrets of Pfizer Pharmaceutical Corporation (USA), which was selected in the Top Ten IP Cases in Shanghai (2013)
Represented in the administrative enforcement case involving computer software copyright infringement complained by PTC Inc. (USA) against a motor company based in Shanghai, which was selected in the Top Ten Copyright Cases of Shanghai (2011)
Represented in the case involving copyright infringement of a book (Mr. Zhang v. Sinolingua Co., Ltd.), which was selected in the Top Ten Typical Copyright Cases of Shanghai (2010)
Represented Microsoft (China) Co., Ltd. in the case filed against Qingdao Ultimate Transportation Equipment Co., Ltd. involving computer software copyright infringement, which was selected in the Top Ten Typical IP Cases of Shandong (2008)
Represented in the case involving the design of the cheongsam with a red dragon pattern, which was selected in the Top Ten Typical Copyright Cases of Shanghai (2008)
Successful Matters of Cybersecurity & Data Protection
Provided legal opinion on Internet data security for a famous Australian architectural design group
Provided APP data compliance legal opinion for Wenhua Finance
Provided APP data compliance legal opinion for Hanyi Fonts
Provided APP data compliance legal opinion for iHuaben
Represented Tencent in a contract dispute suit concerning personal data protection filed by Ms. Xia
Represented Tencent in an infringement suit concerning web data crawler against a Shanxi Company
Represented IQIYI in an infringement suit concerning personal information protection filed by Mr. Wu
Successful Matters of IP Management, Compliance and Licensing
Provided legal services on IP right for the IPO of a domestic company on the Hong Kong Stock Exchange
Provided legal opinion from perspective of IP for YJK Building Software to use in GWM IPO
Provided legal services on trademark layout strategy analysis and risk prevention in China’s mainland for a well-known Japanese chain retail enterprise
Provided legal services in the transactions of the licensing process of patented technology and trade secrets for Elmos (a German semiconductor company)
Provided IP compliance review services for a famous APP of Tencent
Provided legal services on the strategy for trademark registration application for Shentong Metro Group
Provided legal analysis services on IP right infringement risk of a game for a domestic game company
Provided legal services on IP issues involved in the technology import project of CETCA and ROCKWELL
Successful Cases of Unfair Competition Dispute Resolution
Acted as the attorney of Tencent to respond to the lawsuit involving unfair competition disputes over business discrediting and false publicity filed by Ant Financial Services Group and Alipay (China) Network Technology Co., Ltd.
Acted as the attorney of Tencent to file a lawsuit involving an unfair competition against the providers of click farm service for WeChat Official Account and WeChat Mini Program
Acted as the attorney of Beijing IQIYI Science & Technology Co., Ltd. to file the lawsuit involving an unfair competition dispute over confusing enterprise names against Taizhou Ai Qi Yi Science & Technology Co., Ltd.
Acted as the attorney of Beijing IQIYI Science & Technology Co., Ltd. to file the lawsuit involving an unfair competition dispute over confusing enterprise names against Beijing Miao Qi Yi Entertainment Culture Co., Ltd.
Acted as the attorney of Zhejiang Yasha Decoration Co., Ltd. to file the lawsuit involving an unfair competition dispute over confusing enterprise names against Lianyungang Yasha Decoration Co., Ltd.
Acted as the attorney of Hangzhou Weichuan Food Co., Ltd. to file the lawsuit involving an unfair competition dispute over confusing the trade dress of a well-known beverage with the brand “味全每日C" (Weichuan Daily C)" against Zhejiang Guoran Food Co., Ltd.)
Acted as the attorney of Ding Xiang Yuan (DXY) to file a lawsuit involving an unfair competition dispute over business discrediting against a company based in Shanghai
Acted as the attorney of a lubricating oil company based in Shanghai to respond to the lawsuit involving an unfair competition dispute over business discrediting filed by an oil company based in Xiamen
Acted as the attorney of a group company based in Shandong Province which was the victim in the criminal case involving trade secrets infringement of processing technic
Acted as the attorney of Nanosphere, Inc. which was the victim in the criminal case involving trade secrets infringement of material formula and client lists
Acted as the defender of Mr. Wang who was the suspect in the criminal case involving trade secret infringement of client name lists
Acted as the attorney of a company based in Suzhou which got involved in an administrative enforcement case regarding trade secrets infringement of technic
Successful Cases of Copyright Dispute Resolution
Acted as the attorney of Beijing IQIYI Science & Technology Co., Ltd. to file the lawsuit involving copyright infringement of the animations named Dragon Ball Super and One Piece against a well-known video platform
Acted as the attorney of Beijing IQIYI Science & Technology Co., Ltd. to report crimes of copyright infringement committed by individuals who operated a video website to the police
Acted as the attorney of Tencent to respond to the lawsuit involving the copyright license agreement of a well-known film
Acted as the attorney of Tencent to file the lawsuit involving copyright infringement of a literal work against a company based in Beijing
Acted as the attorney of Barco Visual (Beijing) Electronics Co., Ltd. to respond to the lawsuit involving copyright infringement of the work of fine art filed by a company based in Beijing
Acted as the attorney of a company based in Hangzhou to respond to the arbitration involving the copyright license agreement of the mobile game named New Legend of Qin filed by a company based in Shanghai
Acted as the attorney of Shanghai Hydee Software Co., Ltd. to report crimes of copyright infringement committed by a company based in Changsha and its shareholders to the police
Acted as the attorney of PTC Inc. (USA) to file the lawsuit involving computer software copyright infringement against a group company based in Changzhou
Acted as the attorney of Siemens PLM (USA) to file the lawsuit involving computer software copyright infringement against a company based in Shanghai
Acted as the attorney of Mr. Qiu to file the lawsuit involving copyright infringement of the work of fine art referred to “Daoding Jiuwei Hanfu" against a company based in Shenzhen
Successful Cases of Trademark Dispute Resolution
Acted as the attorney of Tencent to file the lawsuit involving infringement of the registered trademark “Tencent" “腾讯" (Teng Xun) against companies based in Shanghai
Acted as the attorney of IQIYI to file the lawsuit involving infringement of the registered trademark “奇葩说" (Qi Pa Shuo) against a company based in Beijing
Acted as the attorney of IQIYI to file the lawsuit involving infringement of the registered trademark “爱奇艺" (Ai Qi Yi) against a company based in Beijing
Acted as the attorney of IQIYI to file the lawsuit involving infringement of the registered trademark “爱奇艺" (Ai Qi Yi) against companies based in Anhui
Acted as the attorney of Shanghai Cai Tong De Tang Traditional Pharmacy Co., Ltd. in the administrative case of trademark invalidation of “蔡同德" (Cai Tong De)
Acted as the attorney of Shanghai Xunmeng Information and Technology Co., Ltd. to file the lawsuit involving infringement of the registered trademark “拼多多" (Pin Duo Duo) against a company based in Zhengzhou
Acted as the attorney of Shanghai Fengchuang Information Consultant Co., Ltd. to file the lawsuit involving infringement of the registered trademark “海风教育" (Hai Feng Jiao Yu) against a company based in Henan Province
Acted as the attorney of Gold Nemans (Shanghai) Food Co., Ltd. to file the lawsuit involving infringement of the registered trademark “纽曼思" (Niu Man Si) against a company based in Wuhan
Acted as the attorney of Shanghai Dingxin Co., Ltd. in the administrative case of trademark invalidation of “HALL’S" filed by an American company
Acted as the attorney of We Doctor Group in the administrative case of trademark invalidation of “微医" (Wei Yi) filed by a company located in Weifang
Successful Cases of Patent Dispute Resolution
Acted as the attorney of Beijing IQIYI Science & Technology Co., Ltd. to respond to the lawsuit involving infringement of utility model patent filed by Mr. Ma
Acted as the attorney of Shanghai East-Sea Pressure Vessel Manufacturing Co., Ltd. in a dispute over patent infringement of invention and design against a company based in Jiaxing
Acted as the attorney of Hangzhou Lianke MeiXun Biopharmaceutical Co., Ltd. to respond to the lawsuit involving infringement of utility model patent filed by a company based in Shanghai
Acted as the attorney of by a company based in Shanghai to file the lawsuit involving infringement of invention patent against a company based in Huizhou
Acted as the attorney of by a company based in Shanghai to respond to the lawsuit involving infringement of invention patent filed by a company based in Yancheng
Acted as the attorney of by a company based in Shanghai to file the lawsuit involving infringement of invention patent against a company based in Dongguan
Acted as the attorney of by a company based in Shanghai to respond to the lawsuit involving infringement of invention patent filed by a Mr. Hu and Mr. Chen
Acted as the attorney of by a company based in Shanghai to file the lawsuit involving infringement of invention patent against Cisco
Acted as the attorney of by a company based in Jiangsu Province to respond to the lawsuit involving infringement of design patent filed by a Ms. Kong
Acted as the attorney of by a company based in Shanghai to respond to the lawsuit involving the dispute over ownership of invention patent filed by an electronics company
Acted as the attorney of by a company based in Danyang to respond to the lawsuit involving infringement of design patent filed by a company based in Ningbo
Honors and Awards
For Individual
Listed as IP litigation Lawyer, Chambers and Partners Asia-Pacific Guide 2016-2022
Listed as IP Litigation Lawyers, LEGALBAND Ranking List of China Top-level Lawyers 2016-2022
Awarded as Litigation Star, Bechmark Litigation-China awarded 2021-2022
Awarded as China Top 15 IP Lawyer, ALB 2015 & 2018
Awarded as China Top 50 IP Lawyer, Zhichanli 2019 & 2020 (Zhichanli: an internet media platform focusing on IP strategy)
Awarded as "Service Star" – an Editor Recommended Prize, Shanghai Intellectual Property 2020
Awarded Top Ten Paper Award, Annual Meeting of Intellectual Property Committee of All-China Lawyers Association 2019
Awarded Outstanding Paper Award, Annual Meeting of Intellectual Property Committee of All-China Lawyers Association 2018
Awarded Outstanding Paper Award, Annual Meeting of Intellectual Property Committee of All-China Lawyers Association 2017
Awarded Outstanding Paper Award, 1st Shanghai Lawyers’ Academic Competition 2014
Awarded as Top 10 Outstanding Young Lawyer in Pudong New Area 2011
Memberships & Affiliations
Special-Appointed Professor, Lawyer Institute of East China University of Political Science and Law
Part-time Supervisor for master-degree students, East China University of Political Science and Law
Invited Researcher, IP Applied Research Center of Shanghai University School of Law
Part-time Supervisor for master-degree students, Shanghai University of Political Science and Law
Arbitrator, Shanghai Arbitration Commission
Expert, Shenzhen Intellectual Property Expert Database
Mediator, WIPO Arbitration and Mediation Center
Member, International Trademark Association (INTA)
Member, International Association for the Protection of Intellectual Property (AIPPI) CHINA
Member, Licensing Executives Society (LES) CHINA
Publications
"Competition Law Protection of Enterprise Network", Shanghai Intellectual Property, 2020
"Evidentiary Rules for Trade Secret Infringement Litigation in 2019", China Intellectual Property, 2019
"Difficulties and methods of brand and logo protection in cross-border e-commerce", WeChat public account "zhichanli (知产力)", 2019
"Types and the Developing Trend of Methods to Protect Copyright of Online Games", China Intellectual Property, 2018
"Six-step Method for Determination of IP Infringement Liability of Cloud Server Providers" (awarded as Outstanding Paper of 2017 Annual Meeting of Intellectual Property Committee of All-China Lawyers Association), WeChat public account "zhichanli (知产力)", 2017
"General Rules for Administrative Penalties upon Trademark Infringement - Evaluating the Administrative Penalty Case Involving Trademark Infringement of '海贼王'" (awarded as Outstanding Paper of 2018 Annual Meeting of Intellectual Property Committee of All-China Lawyers Association), LexisNexis, 2018
"The Application of 'Notice-removal' Rule in Patent Infringement on Online Trading Platforms", China Intellectual Property, 2015
"Five Controversial Issues in the Registration of the Trademark '国酒茅台'", Electronics Intellectual Property, 2012
"Research on the Issue Concerning the Criminal Liability of Video Sharing Websites", Shanghai Lawyer, 2012
"How to Resolve the Dispute over the Counter-transmission of Trademark Value", China Intellectual Property, 2012
"How to Prevent the Risks in Patent Licensing for Patentee", China Intellectual Property, 2012
"On IP Due Diligence during International Trade Investments", China Intellectual Property, 2012
"A Benefits Dispute between Google Books Library Projects and Copyright Holders", China Invention and Patent, 2010
"Decoding Patent Operational Practices Series -- Patent Protection", Intellectual Property Publishing House, 2018 (as the Editorial Board Member)
"Intellectual Property: Legal Wisdom Behind Disruptive Technology", Law Press China, 2018 (as the Editorial Board Member)
"Guidelines for Enterprises’ Intellectual Property Management", Shanghai University Press, 2015 (as the Deputy Editor-in-chief)
"Attorney’s Analysis on the Key Points in Intellectual Property Cases in the Cultural and Creative Industry", Xuelin Press, 2014 (as a co-author)
"Attorney’s Analysis on the Key Points in Typical Intellectual Property Cases", Intellectual Property Publishing House, 2011 (as a co-author)
"Management of IP Rights in the Creative Industry", Xuelin Press, 2006 (as a co-author)
Related
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Deals Related
Zhong Lun Assists Hanyi Fonts in Winning Damages of RMB 2.07 Million in a Landmark Font IPR Protection Case
The case was recently selected as one of the 2021 Beijing Excellent Cases of Judicial Protection of Intellectual Property Rights.
2022-05-18 -
Events Related
Yuanchao Ma Ranks in ALB 2018 CHINA TOP 15 IP LAWYERS
After ranking into this list of 2015, Yuanchao Ma, the partner of Zhong Lun Law Firm becomes one of these 15 accomplished practitioners once again via his excellent professional competence, wide reputation from clients and outstanding innovation ability, which indicates highly recognition by legal market to Mr. Ma and his prominent position as long-term leader in IP field.
2019-01-24 -
Awards Related
Zhong Lun Honored on 2024 Benchmark Litigation China List
26 lawyers from a variety of practice areas in six regions where Zhong Lun operates were recommended.
2024-08-20
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Bar Admissions/Professional Qualifications
PRC Bar
Qualification of Independent Director -
Education
EMBA, Antai College of Economics & Management, Shanghai Jiao Tong University, 2013
LL.M., East China University of Political Science and Law, 2011
LL.B., East China University of Political Science and Law, 2001 -
Professional Experience
Equity Partner, Zhong Lun Law Firm, 2017 to present
Managing Partner, Co-effort Law Firm, 2001-2017 -
Languages
Chinese
English