Chinese Version

www.148-law.com
 
About Lawyer Online  

Major Achievements

The followings are a brief description of representative cases handled by our attorneys in recent years. This list is meant to be representative only and is not all-inclusive of the courts or subject matters with which we have experience. We encourage you to contact us directly via phone or e-mail for more information.

Representative Cases Handled by
Changji Attorneys

A Case of First Impression in China Involving Textbook Authorship Right Dispute
Attorney Zhu Shouquan represented Mapping Publishing House, the defendant, at trial court and on appeal. Following the defendant's victory at trial court, the plaintiff appealed. The case was eventually settled under the court mediation. This case was extensively reported on 3 August 1998 in the Legal Daily, a newspaper published by the Chinese Ministry of Justice, entitled A natural person can not claim authorship right from works arising within the scope of employment. The report was later selected in A Collection of prominent Cases Involving Disputes on Intellectual Property, which was edited by Intellectual Property Right Commission of Beijing Bar Association, and published by Legal Publishing House in January 2000.

Funds Raising Dispute Involving International Soccer Commercials
Attorney Zhu Shouquan represented plaintiff at the trial and on appeal. The plaintiff prevailed at both. This case drew widespread national attention in China since it was litigated in the mist of the international soccer competition. The case has been included in the series books of the Latest Trial Court Debate - Entrustment from Los Angeles, which was published by Police Education Publishing House in December 1998.

Dispute Involving Copyright Infringement in Commercials.
Attorney Zhu Shouquan represented the appellant. At trial, the court held that the defendant was liable for the infringement, but found that some fact ascertained was incorrect. As a result, the plaintiff was only awarded very small damage requested in the complaint. In other words, the plaintiff in fact lost money even if he won the case against the defendant. On appeal, the court adopted the argument advanced by Attorney Zhou on behalf of the appellant and awarded the damages requested originally in the original complaint. The case was covered by news media and later included in Sample Case Analysis on China's Intellectual Property Right Protection.

Zhengyici Theater Lease Dispute
Attorney Zhu Shouquan represented the plaintiff, who prevailed both at trial and on appeal. This case was included in a book entitled Eloquent Debate, and was also reported in the program of Attorney's View Point aired by Shanghai Oriental TV. Since the case touched on the sensitive issues of commercial lease and the protection of cultural heritage, many news organizations, such as CCTV, BJTV, and many newspapers followed the case and reported extensively.

Tourists' Contract Dispute
Attorney Zhu Shouquan represented 28 plaintiffs at trial and on appeal. The panels at trial and on appeal awarded only a very small part damage claim requested by the Plaintiffs. During the trial, emotional damage compensation raised by Attorney Zhu drew the attention of the news media. Many newspapers including Legal Daily, Beijing Youth, Civilian Messager, etc. followed the case and reported it extensively.

A Case Involving Reputation Infringement
In Huayun Art & Education Development Center v. Fushun Cultural Association, Attorney Zhu Shouquan represented plaintiff at trial and on appeal. The plaintiff prevailed at trial. The defendant first appealed but later withdrew his appeal. This case involved an artist/painter who fabricated the seal of others and then used the counterfeit seals to hold Lei Feng Cup handwriting contest in the name of his counterfeit victims. On July 20, 1998, Legal Daily devoted a full page in reporting the case.

Infringement of Online Exclusive Use Right
Attorney Zhu Shouquan represented the plaintiff at trial and on appeal. Initially, the plaintiff lost at trial court. On appeal, both parties settled the case in conference hosted by the court, and the defendant agreed to pay damages suffered by the plaintiff. This case is significant because it establishes the practice of evidence collection in litigating online exclusive use right infringement.

Copyright Infringement Dispute on CCTV Logo
Attorney Zhu Shouquan represented plaintiff Zhang Desheng at trial and on appeal. Many national news media, including Hong Kong's Times Media reported the case in its 5th issue of 2002. The complaint and pleadings filed by Attorney Zhu Shouquan and Cao Yan on behalf of the plaintiff were included in the Courthouse Debate Appreciation and Analysis of Selected Advocacy, which was compiled by Hunan Normal University Law School and published by Shanghai Dictionary Press.

New Trial for Dispute Involving Villa Sales in the Old Summer Palace
Attorney Zhu Shouquan represented plaintiff at trial in this complicated case which has many twists and turns.

Dispute Involving Releasing Goods without Bill of Lading in International Maritime Shipping
Attorneys Zhou Shouquan and Shu Mei represented the plaintiff in Shenyang Jinhe Arts & Crafts Co., Ltd v. Shanghai Defidesi International Shipping Consultation & Service Co., Ltd. It took a year from the filing of the initial complaint in Shanghai Maritime Court to the final verdict reached on appeal by the Shanghai High Court, which affirmed the lower court decision in plaintiff's favor. The plaintiff prevailed on all issues litigated and was awarded all the requested damages. The defendant eventually paid all the monetary damages as ordered by the courts.

Copyright Dispute involving Wang Xuexian, et al. v. Ji'nan Success Management School et al
The case involves serious copyright infringements by the defendants who illegally copied and pirated the plaintiff's copyrighted works. Attorneys Zhu Shouquan and Shu Mei on behalf of the plaintiffs brought legal actions against defendants in Ji'nan Intermediate People's Court, and successfully argued and established in court that the complained infringement had indeed occurred based on the facts and the law. The way this case was argued is significant and has guiding value for attorneys in litigation and judges at trial. This successful litigation strategy is detailed in a book entitled Determination and Application for the Original Creation of Writing authored by Attorney Shu Mei. This case has been included in the Classic Case Studies on Intellectual Property Right Protection in China.

A Case of Copyright Infringement involving Two Chinese Central Government Ministries
This case was complicated and difficult throughout the litigation process, since the defendants in Geng Zhiling v. Two Ministries, were in fact two Chinese Central Government ministries. Given the above, Honorable Song Yushui, Beijing Haidian District People's Court judge, who is one of the top ten judges nationally recognized in China presided over the trial. National media, such as CCTV Prime Time News followed and reported the case. From the filing of the initial complaint to the final trial, Attorney Shu Mei raised, on behalf of the plaintiff, the issues of whether works derived in part from the infringements of the copyrighted works of others can still legally enjoy the copyright protection under the Chinese law, and if yes, how to determine the creativity of the derivative works. The issues raised considerable controversy and debates in academic and judicial circles alike. This case has been included in the Classic Case Studies on Intellectual Property Right Protection in China. For details, see the Determination and Application for the Original Creative Writing by Attorney Shu Mei.

Su Zhongjie v. Peng Changcheng, chief editor of Reader Magazine, et al
In addition to the chief editor of Reader Magazine, other defendants named in the lawsuit include People's Publishing House of Gansu Province, Guangdong Ernest Enterprise Co., Ltd, and two others. Attorneys Zhu Shouquan and Shu Mei brought suit on behalf of the plaintiff in Beijing Chaoyang District People's Court against the defendants for infringing the plaintiff's intellectual property right in the 12-volume Humanism Reader's Book which was edited by the plaintiff. Newspapers, such as The First, Prosecutor Daily, and TV networks followed and reported the dispute as the case touched on the issue of "nominal editor" related to corruptions in the academic circles. The case was eventually settled. As part of the settlement, the book publisher apologized to the plaintiff and recognized the plaintiff's legal status as the chief editor of the book in dispute. Moreover, the defendant agreed to pay the plaintiff 100 thousand Yuan compensation to settle the damage claim.

 
Beijing ChangJi Law Firm
 Legal Services Provided
 Representative Clients
Major Achievements
 Representative Cases
 Non-litigation Cases
 Significant Contributions
Chief Lawyer
Scope of Service
 Intellectual Property
 Construction & Real Estate
 Legal Consultation
 Merger & Acquisition
 Enterprise Ownership Reform
 Project Investment
 International Trade
 Finance & Insurance
 Foreign Investment
 Other Legal Services
 
Beijing ChangJi Law Office
www.148-law.com Beijing ChangJi Law Office All Rights Reserved