Gang Bai

Practice Areas

BAI Gang is the Founding Partner and Management Committee Chair at Wanhuida Intellectual Property. He practices in the areas of intellectual property law with a focus on trademark, design and copyright matters.

Career

Mr. BAI is a prominent figure in China’s intellectual property field. He is a veteran intellectual property counsel who has been representing the clients’ prosecuting, enforcement and litigating interests in China since 1990s. He has been leading the firm’s practice groups in obtaining landmark decisions, delivering astute, reliable and effectual legal solutions for clients’ high-profile cases, contributing to the nation’s IP legislative progress and helping to mold the industry standards.

On account of his expertise in the IP field, in 2005, Mr. BAI was invited by the State Intellectual Property Strategy Working Conference to join its advisory panel on the drafting of the "China National Intellectual Property Strategy", which was released in June 2008.

Since then, Mr. BAI has been playing an advisory role in the legislative progress of Chinese IP laws and regulations. He was invited to advise on the amendment to the “Trademark Law”, the amendment to the “Regulations for the Implementation of the Trademark Law”, the revision of the “Regulations on Customs Protection of Intellectual Property Rights”, the drafting of the “Provisions of the Supreme People’s Court on Several Issues Concerning the Hearing of Administrative Cases Involving the Granting and Affirmation of Trademark Rights”, among others.

Mr. BAI was elected member of the China Subcommittee of the International Trademark Association (INTA) Anti Counterfeiting and Enforcement Committee for the 2006-2007 term. From then on, he has been deeply involved with the association, frequently lecturing on major issues of the industry and moderating professional workshops at various events. In 2015, Mr. BAI was elected member of the INTA China Global Advisory Council for the 2016-2017 term. He was appointed, in 2017, Co-Chair of the Council for the 2018-2019 term. In September 2018, Mr. BAI was elected to INTA Board of Directors. In October 2019, he was re-nominated to the INTA Board of Directors for a three-year term ending January 1, 2023.

Professional Memberships

Vice Director of Expert Self-Governed Management Committee of the IP Case Guidance (Beijing) Base of the Supreme People’s Court

Member of the Advisory Board of the IP Case Guidance (Beijing) Base of the Supreme People’s Court

Expert of the State Intellectual Property Strategy Think Tank

Expert of Beijing High-profile Intellectual Property Talent Pool

Judicial appraiser of Beijing Guo Wei IP Judicial Expertise Center

Council member of China Intellectual Property Society

Council member of Copyright Society of China

Vice President of Capital Intellectual Property Service Association

Council member of IPRC Intellectual Property Right Center

Researcher of the Intangible Assets Management and Research Center of China University of Political Science and Law (CUPL)

Publications

Mr. BAI authors or co-authors a dozen articles and treatise including: “Intellectual Property Rights protection: Where is China standing?” (The Legal 500, 2022, Co-author), “The Court of Yuyao (Zhejiang Province) adjudicates a civil claim incidental to a criminal trademark infringement case” (Asialaw Leading Lawyers 2021, Co-author), “Matters to be addressed in the future revision of China’s trade mark law” (Asialaw Leading Lawyers 2020, Co-author), “China’s 2018 National Intellectual Property Action Plan” (INTA Bulletin Vol. 74 No. 1, January 15, 2019), “Regulations Clarify Role of New Agencies Following China's IP Institutional Reform” (INTA Bulletin Vol. 73 No. 19, November 1, 2018), “The Outlook for IP and Brand Owners in the Context of China’s Institutional Reform” (INTA Bulletin Vol. 73 No. 8, May 1, 2018, Co-author), “A 12-year battle against a bad-faith trademark application” (China Business Law Journal, September 2017, Volume 8 Issue 8, Co-author), “Chambers Practice Guides Pharmaceutical Advertising - China Chapter” (Chamber and Partners, Chambers Global Practice Guides 2018, Co-author), “Trademark Law: China & India” (China Business Law Journal, 2014, Co-author), “New Measures on Internet Trading Introduced” (International Law Office, 2010, Co-author), “Actions Speak Louder than Words” (Managing IP/China IP Focus 2007, Co-author), “Enforcement Lessons” (Managing IP/China IP Focus 2006), “IPR Roadmap - Roadmap for Trademark Protection in China” (IPR2, Co-author). He has been a member of the editorial committee of the “China Trademark Report” (Volume I - XII) since 2003. He is regularly invited to speak at conferences and seminars both at home and overseas.

Work Highlights

Mr. Bai has been instrumental in securing favourable results for the firm’s clients in quite a few high-calibre cases, some of which has been selected by the China Supreme People’s Court (SPC) for its annual 10/50 exemplary cases:

SPC IP Report Cases (2022): Representing Mr. Manolo Blahnik in successfully invalidating through retrial proceeding the registration of trademark “MANOLO&BLAHNIK马诺罗·贝丽嘉” filed by a Chinese squatter in class 25 in 1999, based on the designer’s name right and bad faith of the registrant. The client went through opposition, review of opposition, invalidation and the ensuing administrative suits, but to no avail. The retrial decision turned the table for the client in a decades-long battle against the copycat mark.

SPC Top 10 Cases (2021): Representing Wyeth in securing a favorable decision in a civil appeal proceeding against a long-term infringer Guangzhou Wyeth Baby Products Ltd. et al. The Zhejiang High Court upheld the decision rendered by the Hangzhou Intermediate Court, which found trademark infringement and unfair competition, ordered cessation and granted punitive damages of RMB 30 million and reasonable legal expenditure of RMB 550,000.

SPC Annual 50 Exemplary Cases (2020): Advising MICHELIN in a trademark infringement suit against a Chinese infringer, which exhibited and promoted toys using the "Tire man device", obtained favourable retrial decision, cessation and damages of RMB 100,000. The retrial court, Guangdong High Court ascertains that using a figurative trademark as a three-dimensional object constitutes trademark infringement.

SPC Annual 50 Exemplary Cases (2019): Representing L’Oréal in coordinating Shanghai PSB and the PSB authorities in 4 provinces to launch a coordinated series of raid operation against 16 targets. The action led to the apprehension of 13 suspects and seizure of substantial amounts of counterfeits. The case was later prosecuted before the Shanghai courts, which led to the conviction, imprisonment and fines of 10 culprits.

SPC Annual 50 Exemplary Cases (2018): Representing Lacoste in the invalidation proceeding and subsequent administrative litigation initiated by CARTELO CROCODILE PTE LTD against Lacoste's registered trademark in Class 25. The SPC, in a re-adjudication procedure, finally decided to maintain the validity of the trademark.

Beijing IP Court 18 Exemplary Cases concerning Bad Faith Trademark Filing: Representing fashion house AKRIS PRET-A-PORTER AG in successfully opposing the bad faith application of “A-K-R-I-S-” mark in Class 25, by going through opposition, opposition review and two instances of court trial, TRAB re-examination and subsequent administrative litigation.

Beijing High Court Top 10 Innovative IP Cases: Representing Microsoft in obtaining a favourable decision from the Beijing High Court on the territorial extension of the international registration of the trademark “POWERPOINT” in Class 42 to China.

SPC Annual 50 Exemplary Cases: Representing Pierre Fabre Dermo Cosmetique in obtaining an unfair competition decision against an online seller of genuine Avène products that promotes business in a misleading way.

Languages Spoken

English & Chinese

Awards