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Peng ZHANG
Senior Counsel / Beijing
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Tel +86-10-5957-2068
Email zhangpeng@zhonglun.com
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Practices
IP Licensing & Enforcement, Antitrust & Competition, Trade Compliance & Trade Remedies
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Industries
Telecommunications & Internet, Information & Intelligence Technology, Energy & Power
Peng ZHANG
Peng Zhang specializes in various IP disputes and litigations, antitrust and competition law disputes, trade compliance and remedy, especially in matters in the areas of information technology, telecommunication, media, and entertainment. Dr. Zhang obtained the bachelor’s degree in Engineering from Tsinghua University, have obtained PhD in Law and undertaken postdoctoral research in Intellectual Property Law. He served as the examiner in China National Intellectual Property Administration (CNIPA) for 13 years. After joining Zhong Lun, he has handled hundreds of patent infringement lawsuit, patent invalidation petitions, technology secret lawsuits, technology-related copyright lawsuits and technology-related antitrust disputes, among which include dozens heard by the Supreme People’s Court of China, involved with forefront legal contentions, and have had significantly wide social impact. Dr. Zhang is also experienced in enterprise intellectual property strategies. Dr. Zhang also has communication experience in Kirkland & Ellis LLP. and has deep research experience in transnational IP litigations and IP transactions. He has participated in multiple revisions of regulations and formulations of major policies, and has also authored 8 academic works and published over 100 articles in academic journals.
Representative Matters
Patent cases and antitrust cases
Series of cases (including cross-border litigation cases)
Represented Motorola Solutions, Inc. and its Chinese subsidiary in series of patent infringement, patent invalidation, antitrust disputes, and standard essential patent license fee dispute cases against Hytera Communications Co., Ltd.
Represented Huawei in disputes with a company over a series of cross-border disputes over 5G standard-essential patents and 4G standard-essential patents
Represented Huawei Digital Power in a series of disputes over photovoltaic patents against SolarEdge
Represented the American company C3 Nano Ltd. in a series of patent invalidation disputes and administrative lawsuits against Cambrios Film Solutions Corporation over metal nanowires, a conductive material for folding screens
Represented an American telecommunications company in a series of disputes over abuse of dominance and SEP license fee recognition
Represented an American chemical company in a series of disputes over abuse of dominance and patent licensing contracts
Represented Yilong Electronics Co., Ltd. in dispute in its chip series
Represented China Petroleum and Chemical Corporation Limited and Sinopec Petrochemical Research Institute in series patent invalidation dispute, patent administrative lawsuit in Petrochemical field
Represented Chongqing Huike Jinyu Optoelectronic Technology Ltd, Hefei Huike Jinyang Technology Ltd and Innolux Optoelectronics Co., Ltd. in series of patent infringement dispute, patent invalidation dispute, patent administrative lawsuit (before the Intellectual Property Court of Supreme People’s Court)
Represented Beijing Grace Laser Technology Co., Ltd. in a series of trade secret infringement disputes and patent ownership disputes with Beijing Beamtech Optronics Co., Ltd. before the Intellectual Property Court of the Supreme People’s Court, with the dispute over the trade secrets of a laser chipping device honored as one of the top ten guiding cases of infringement of trade secrets by the Beijing Intellectual Property Court
Represented Bgrimm Technology Group Co. Ltd. in a series of patent ownership disputes, technology transfer contract disputes, and technical service contract disputes with Chenzhou Jingtao Environmental Protection Technology Co. Ltd. before the Intellectual Property Court of the Supreme People’s Court
Represented Beijing Tanneng Technology Co., Ltd. against Oberta Pieuleache, a French company, in a series of patent infringement, patent invalidation, and damage liability disputes caused by malicious intellectual property litigation
Supreme People’s Court (including Intellectual Property Court) cases
Represented Revo Heavy Industries Co. Ltd., Hongbo Li, Harbin Jump Car Distribution Ltd. in the retrial of utility model patent infringement dispute (Retrial case before the Supreme People’s Court, successfully overturned the judgement of the second instance and succeeded during the retrial)
Represented Motorola Solutions, Inc. in the retrial of a patent administrative dispute before the Supreme People’s Court
Represented the Institute of Computing Technology, Chinese Academy of Sciences in response to a patent administrative dispute retrial case before the Supreme People’s Court
Represented Fuzhou Rongxun Building Materials Technology Ltd. in the retrial of a patent infringement dispute before the Supreme People’s Court
Represented Kunshan Tong Plastic Machinery Manufacturing Ltd. in the retrial of a patent infringement dispute before the Supreme People’s Court
Represented Galanz in the second instance of a patent infringement dispute against Zhongshan Meige Electronic Technology Co., Ltd. before the Intellectual Property Court of Supreme People’s Court, with the case being one of the Intellectual Property Court’s 2023 Intellectual Property Awareness Week Centralized Public Sessions Cases and selected as one of the 100 guiding cases on the fifth anniversary of the establishment of the Intellectual Property Court of the Supreme People’s Court
Represented Aux against Gree in response to the second instance of the patent administrative dispute and the second instance of a series of patent infringement disputes before the Supreme People’s Court, with the case being selected as one of the Intellectual Property Court’s 2023 Intellectual Property Awareness Week Centralized Public Sessions Cases
Represented Changsha Research Institute of Mining and Metallurgy Ltd. in response to a patent administrative lawsuit before the Intellectual Property Court of the Supreme People’s Court and successfully overturned the disputed decision upon request to exam and invalidate an invention patent, thereby safeguarding the validation of the client’s core patent
Represented Shenzhen Chenggu Technology Co., Ltd. in the retrial of invention patent infringement dispute and integrated circuits design dispute against Chenggu and Skyrelay (Beijing) Technology Co., Ltd. before the Intellectual Property Court of the Supreme People’s Court
Represented Jiangsu Fulbright Medical Inc. in a series of patent infringement lawsuits against Ethicon Endo-Surgery, Inc. in the second trial (before the Intellectual Property Court of the Supreme People’s Court)
Represented EMotor Advance Inc. in a patent infringement dispute against Hangzhou Jie Neng Power Co. Ltd. and BAK Power before the Intellectual Property Court of the Supreme People’s Court
Represented Shenzhen Xuran Electronics Ltd. and others in the patent infringement, patent invalidation disputes against Asahi Kasei Corporation. before the Intellectual Property Court of the Supreme People’s Court
Represented Gansu Hongda Aluminum Profile Ltd. in the second instance case of invention patent infringement dispute against Lanzhou Shengyas Technology Research and Development Ltd. before the Intellectual Property Court of the Supreme People’s Court
Represented Sichuan Lanchen Pipe Industry Ltd. in the second instance of patent infringement dispute and the patent invalidation dispute. before the Intellectual Property Court of the Supreme People’s Court
Other patent cases
Represented Zhejiang Baiying Technology Ltd. in a patent infringement dispute and patent invalidation dispute over its intelligent voice robot with Silicon Intelligence
Represented Hengbao Co., Ltd. in the second instance case of Ukey invention patent dispute against Beijing Odd Data System Ltd.
Represented Shenzhen Genvict Technology Co., Ltd. in series of patent infringement dispute, patent invalidation dispute against Beijing Juli Technology Co., Ltd.
Represented Su Tongling Technology Co. Ltd. in series of patent infringement dispute against Bull Group Co., Ltd.
Represented Shandong Minji Chemical Ltd. in patent invalidation dispute against Akzonobel Chemical International Corporation
Represented Lenny Electric Cable (China) Ltd. in patent infringement dispute
Represented Deli Group Company in patent invalidation dispute and patent administrative lawsuit against Shanghai Chenguang Stationery Co., Ltd.
Represented China Energy Oil and Natural Gas (Group) Ltd. in design patent invalidation dispute against Jingyou (Beijing) Enterprise Management Ltd.
Represented Hangzhou Zhongke Aurora Technology Ltd. in patent infringement, patent invalidation dispute against Shenzhen Zhongkechuang Laser Technology Ltd.
Represented Xian Lineng Technology Ltd. in patent invalidation dispute against Jiangsu Longrui Chemical Ltd.
Represented China Construction Seventh Engineering Bureau Ltd. in series of patent administrative lawsuits
Represented Deli Group Company in a patent invalidation dispute and a patent administrative litigation dispute against Shanghai Chenguang Stationery Co., Ltd.
Represented China Energy Oil and Natural Gas (Group) Ltd. in a patent invalidation dispute against Shenzhen Zhongkechuang Laser Technology Ltd.
Represented Korean Company TOP ENGINEERING in patent invalidation dispute.
Represented Korean Company AMO TECH in patent invalidation dispute. (Successfully maintained the validation of the client’s core patent of Wireless charging core technology magnetic field shield piece)
Represented Zibo Yifeng Mechanical Engineering Ltd. in series of patent administrative lawsuits, patent invalidation disputes
Trademark, copyright, contract dispute, and unfair competition cases
Represented the Belgium company Cortina N.V in second instance trial and retrial of the trademark administrative lawsuit
Represented DIO in a series of trademark administrative lawsuit and unfair competition dispute against Beijing Innoden Medical Technology Ltd.
Represented Hong Kong Chun Xuan Trading Company in a dispute over unauthorized use of other’s influential packaging decoration against Yunnan Xiaguan Tuo Tea (Group) Co., Ltd.
Represented Shanxi Taigang Stainless Steel Co., Ltd. in a trademark infringement and unfair competition dispute against Henan Taigang Stainless Steel Ltd.
Represented an individual in the retrial of a trademark administrative lawsuit
Represented Lauterbach (Heze) Beer Co., Ltd. in the second instance trial of a trademark administrative lawsuit
Represented Shijiazhuang Yonglongxing Economic and Trade Ltd. in a trademark administrative lawsuit
Represented Horgos Coldplay Network Technology Ltd. in a trademark infringement and unfair competition dispute against Beijing Sinecure Network Technology Ltd. and Beijing Tianyou Interactive Technology Ltd.
Represented Shanghai Lu Qi Machinery Ltd. in a series of disputes over the compensation liability arising from malicious intellectual property lawsuit and over trade secret infringement against Youkai (Shanghai) Machinery Ltd., with the case being selected as one of the 100 guiding cases on the fifth anniversary of the establishment of the Intellectual Property Court of the Supreme People's Court
Represented Shanghai Haixi Industrial Communication Ltd. in a computer software copyright infringement and unfair competition dispute against Beijing Kaishang Technology Co., Ltd. and Beijing Kaishang New Technological Development Co., Ltd.
Represented Qingdao Publishing House Ltd. in copyright infringement dispute against Beijing Motie Books Ltd. (maintained copyright for Junichi Watanabe, the master of Japanese literature)
Represented Beijing Pubolan Cultural Development Ltd. in series of copyright infringement dispute against Mike Grenetz
Represented Beijing Pubolan Cultural Development Ltd. in copyright infringement and unfair competition disputes against Jilin Publishing Group Co. Ltd. and others
Represented Beijing Lingbian Future Technology Ltd. in internet infringement liability dispute against Guoqiang Tang
Represented Beijing Calorie Technology Ltd. and Shenzhen Calorie Technology Ltd. in copyright infringement dispute against Shenzhen Chuanggan Technology Ltd.
Represented Oracle (China) Software System Co., Ltd. in a software unjust enrichment dispute
Represented China Resources Biopharmaceutical Co., Ltd. in a technical service contract dispute with Mab-Venture Biopharm Co., Ltd.
Represented Beijing Information Infrastructure Construction Co., Ltd. in a contract dispute with Beijing Gongjian Hengye Communication Technology Co., Ltd.
Intellectual property transactions
Advised Ningbo Aurasemi Co., Ltd. on its cross-border licensing of technology
Advised Shanghai Xindi Digital Technology Co., Ltd. on its cross-border intellectual property transaction of CAD engineering software
Advised a company on cross-border intellectual property transaction of its EDA engineering software
Advised on the world’s first new energy vehicle project, which was between Great Wall Motor Co. Ltd. and BMW (Netherlands) Global Holding Company
Advised on IP related matters in Lianhe Storage Technology (Zhejiang) Ltd.’s acquisition of controlling shares in a storage company in South Korea
Advised Chengdu ArrayComm Wireless Technologies Co., Ltd. on the preparation of agreement templates for its cross-border Intellectual property transactions
Reviewed intellectual property agreements for SDIC Health Industry Investment Co., Ltd.
Advised Huaxi Biotechnology Co., Ltd. on intellectual property matters
Advised KHD Humboldt Widak Machinery (Beijing) Co., Ltd. on intellectual property matters
Advised Core Vision (Beijing) Technology Co., Ltd. on intellectual property matters
Advised Shanghai Shangyong Network Technology Ltd. on intellectual property matters
Advised China Tongfu Co., Ltd. on single-cell methods cooperation project
Advised the Beijing branch of the People’s Property Insurance Company of China on oversea trade secrets and intellectual property insurance
Intellectual Property management and compliance system construction
Intellectual Property compliance of Beijing Infrastructure Investment Ltd.
Compliance system construction (IP-related matters) for China Civil Aviation Information Corporation Limited and China Civil Aviation Information Network Co., Ltd.
Intellectual Property compliance of Beijing Oriental Huishi Technology Co., Ltd.
Intellectual Property management system construction for Hubei China Tobacco Industry Ltd.
Advised China Tongfu Co., Ltd. on the construction of its intellectual property management system
Intellectual Property planning for a large-scaled central enterprise.
Advised Chengdu ArrayComm Wireless Technologies Co., Ltd. on building its cross-border intellectual property portfolio
Advised Chengdu Chemphys Chemical Industry Co., Ltd. on building its cross-border intellectual property portfolio
Film and television compliance of Beijing XiaoTangren Culture Media Ltd.
Film and television compliance for Shanghai Xixi Film and Television Culture Media Ltd.
Advised Beijing Kanshi High-Tech Co., Ltd. on copyright compliance
Intellectual property due diligence and FTO
Special legal service on intellectual property for the listing on Science and Innovation board of Nanbo (Beijing) Technology Co., Ltd.
Special legal service on intellectual property for the listing on Science and Innovation board of Hangzhou Kelda Welding Robot Co., Ltd.
Intellectual Property due diligence and FTO for Beijing Shenrui Bolian Technology Co., Ltd.
Provided intellectual property due diligence and FTO related legal services to Xinjinghe Laser Technology Development (Beijing) Ltd.
Provided legal services for FTO to Fulbright Medical Inc.
Provided legal services for FTO to Hubei Gao Tou Technology Ltd.
Provided patent portfolio, FTO, due diligence, drafting and review of transaction documents, and related intellectual property legal service to China Resources Pharmaceutical Group Limited and its subsidiaries
Provided patent analysis, patent portfolio, and technology transaction related intellectual property legal service to Beijing Neurosurgical Institute
Provided patent analysis, FTO, and intellectual property consulting to Yidu Hebei Robot Technology Co., Ltd.
Planned patent portfolio in the tobacco industry and conducted competitor patent portfolio analysis, global FTO investigation, circumvention design, and invalidation possibility analysis for Hubei China Tobacco Industry Ltd.
Conducted due diligence for an investment project of China General Technology (Group) Holding Co., Ltd.
Conducted technology risk investigation for China Mobile Communications Corporation
Honors and Awards
Personal Awards
Recommended Intellectual Property dispute and litigations lawyer, Chambers 2024
Recommended Intellectual Property dispute and litigations lawyer, Chambers 2023
Recommended Intellectual Property dispute and litigation lawyer, Legal 500, 2024
Recommended Intellectual Property dispute and litigation lawyer, Legal 500, 2023
Recognized Practitioner in TMT, Legal 500, 2024
Recognized Practitioner in TMT, Legal 500, 2023
The A-List Growth drivers, China Business Law Journal, 2023-2024
50 Intellectual Property Lawyers Under the Age of 50, IPR Daily, 2023
The fourth “Top 50 Chinese Outstanding Intellectual Property Lawyers”, IPhouse and IPlead
Memberships & Affiliations
One of the first group of national exerts on overseas IP disputes and litigations
Member, Intellectual Property Committee of Chinese Society of Technology Economics
Member, Intellectual Property Law Association of China Law Society
Member and lecturer, China Intellectual Property Society
Member, International Bar Association (IBA)
Researcher, Intellectual Property Research Center of Zhongnan University of Economics and Law
Arbitrator, Yantai Arbitration Commission
Selected as a member of Beijing Lawyer Association's Foreign Lawyer Pool, Beijing Intellectual Property Expert Pool, Yantai Intellectual Property Expert Pool, Shenzhen’s first batch of experts for overseas intellectual property rights protection, and the first batch of experts for the Guangdong-Hong Kong-Macao Greater Bay Area International Intellectual Property Talent Port Expert Database
Publications
“Research on the Basic Theory of Building Intellectual Property Power: From Core System to Key Proposition”, IPPH, September 2023
“Observations on the Development of the Intellectual Property Court of the Supreme People’s Court of China: Commentary on Case Law”, LAWPRESS, 2020
“Research on Basic Issues of Basic Law of Intellectual Property Rights: Preface of Codification of intellectual Property Rights,”, PPH, 2019
“Research on Patent Infringement Compensation System: Basic Principles and Application of Law”, IPPH, 2017
“Introduction and Cases of Patent Administrative Litigation” (co-written), Commercial Press, 2017
”Principle and Practice of Design Patent System” (co-written), IPPH, 2015
“Principles and Practice of Patent Confirmation System” (co-written), IPPH, 2012
“Mobile Internet: Principles, Technologies, and Applications (3rd Edition)” (co-author), China Machine Press, December 2023 (selected as a national planning textbook under the “Thirteenth Five-Year Plan” National Key Publication Planning Project and the “Twelfth Five-Year Plan” General Higher Education Plan, and the Higher Education Cyberspace Security Planning)
“Mobile Internet: Principles, Technologies, and Applications (2nd Edition)” (co-written by Yong Cui, Peng Zhang), China Machine Press, 2018. (Selected as the National planning text book for the The “13th Five-Year Plan” national key publications publishing planning project and “Twelfth Five-Year Plan” general higher education)
“Wireless Mobile Internet: Principles, Technologies and applications” (co-written by Yong Cui, Peng Zhang), China Machine Press, 2012. (Selected as the High-quality computer teaching materials for colleges and universities and Beijing higher education quality textbook)
“China Intellectual Property Blue Book (2020-2021)”, IPPH, 2022, Handong, Wu, et al.
“China Intellectual Property Blue Book (2019-2020)”, IPPH, 2021, Handong, Wu, et al.
“China Intellectual Property Blue Book (2018-2019)”, IPPH, 2020, Handong, Wu, et al.
“China Intellectual Property Blue Book (2017-2018)”, IPPH, 2019, Handong, Wu, et al.
“China Intellectual Property Blue Book (2016-2017)”, IPPH, 2018, Handong, Wu, et al.
“China Intellectual Property Blue Book (2015-2016)”, IPPH, 2017, Handong, Wu, et al.
“Patent infringement and litigation”, IPPH, 2013, China Patent Agents Association, China Intellectual Property Training Centre ed. (Training series for patent attorney)
“Interpretation of Patent Name Cases (II) -- Analysis of 20 typical patent dispute cases”, IPPH, 2011, Patent Committee of China Intellectual Property Research Institute, Institute of Applied Law of the Supreme People’s Court, Patent Re-examination Board of the National Intellectual Property Administration of China, ed.
“Introduction to Patent Administration and Case Analysis”, IPPH, 2011, Patent Re-examination Board of the National Intellectual Property Administration of China, ed.
“Collection of Excellent Patent Research Reports (VI)”, IPPH, 2010, Office Policy Research Division of the National Intellectual Property Administration of China, ed.
“Development of patent agency industry and construction of innovative country”, IPPH, 2009, China Patent Agents Association, ed.
III. Academic Journal Articles
Published over 100 articles in academic journals including Intellectual Property, Forum of Evidence Science, Electronic Intellectual Property, Science Technology and Law, China Public Administration, Patent Agency, Chinese Trademark, Computer Science, Journal of Environmental Science, among which articles including
“The Legitimacy and Basic Construction of Punitive Compensation System for Intellectual Property Infringement”,
“Theory and Practice Analysis on the Eligibility of Patent Infringement Warning Letter”,
“Comparative Methods and Standards of Prior Art Defense System”,
“Analysis on the Key Factors of Intentional Determination in the Intellectual Property Punitive Damages System”,
“The Basic Mode of Patent Invalidation Procedure and the Theory of Stage Burden of Proof” and
“The Authenticity and the Time of Publication of Network Evidence in Patent Invalidation Cases” have gained high focus among both academia and the legal professionals.
Related
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Awards Related
Six Zhong Lun Attorneys Recognized by Business Law’s The A-List Legal Elite 2023-24: The Elite of the Legal Profession
Six lawyers from Zhong Lun were ranked.
2024-08-02
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Bar Admissions/Professional Qualifications
PRC Bar, 2007
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Education
Postdoctoral of Laws, East China University of Political Science and Law,
Doctor of Laws, Zhongnan University of Economics and Law,
Master of Engineering, Computer Science and Technology, Tsinghua University,
Bachelor of Engineering, Computer Science and Technology, Tsinghua University,
Bachelor of Laws, Yantai University -
Professional Experience
Senior Counsel, Zhong Lun Law Firm, 2017.5-Present
Visiting Attorney, Kirkland & Ellis LLP, San Francisco Office, 2019.5-2019.10 -
Languages
Chinese
English