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Amidst the wave of economic globalization, numerous private enterprises have set sail overseas, actively engaging in the development of international markets and achieving continuous growth and expansion. However, as their business footprints expand, disputes in the intellectual property domain and cross-border conflicts have become increasingly prominent and numerous. To better equip private enterprises to address intellectual property disputes and challenges encountered during their international expansion, and to enhance the legal profession's capabilities in intellectual property protection and litigation strategy, JAVY Law Firm successfully hosted the “Intellectual Property Protection and Litigation Strategy Seminar” on September 18, 2025.

Yang Siping, Attorney at JAVY law firm and Co-Chair of the China Region for the International Trademark Association (INTA) Communications Committee, served as moderator and keynote speaker. Li Hongchao, Deputy Director of JAVY law firm's Intellectual Property Law Committee, and Xiao Yuexin, former Vice Chair of the Trademark Law Committee of the Beijing Lawyers Association (11th and 12th terms), co-presented as speakers. Xu Fadong, Senior Partner at JAVY law firm, delivered the concluding remarks.

During the thematic presentation session, Attorney Li Hongchao delivered a talk titled “Practical Analysis of Patent Intellectual Property Operations.” Beginning with an overview of the patent system, he provided an in-depth analysis of its historical development, offering attending attorneys a clear understanding of the evolution of patent law. Regarding protected subject matter and prohibited areas, Attorney Li meticulously distinguished the characteristics and differences among inventions, utility models, and designs, enabling participants to accurately grasp the scope of application for each patent type. He also emphasized special non-patentable subjects like public interest and genetic resources, along with the five red lines explicitly excluded by patent law, providing clear guidance for enterprises to avoid legal pitfalls during patent applications. Furthermore, Attorney Li provided an in-depth introduction to China's patent rules, including the first-to-file system, formal and substantive requirements for patent application and grant, and regulations concerning design patents. He also offered a detailed interpretation of the patent application examination and grant process, as well as PCT international applications, delivering comprehensive guidance for attorneys assisting enterprises in establishing domestic and international patent portfolios.

Attorney Xiao Yuexin delivered a presentation titled “Application of the ‘Other Improper Means’ Clause in Regulating Malicious Trademark Squatting: A Case Study Perspective.” She selected a representative trademark dispute case she personally handled, where the applicant knowingly registered numerous related trademarks through improper means despite being aware of the high reputation of another party's trademark. Attorney Xiao provided a detailed overview of the case's fundamentals and thoroughly examined the prior rights and reputation of the trademark applied for invalidation. She also conducted an in-depth analysis of the challenges and points of contention in the practical application of Article 44(1) of the 2019 Trademark Law. In practice, defining “other improper means” often gives rise to numerous disputes. When addressing whether transferees should be considered related parties, Attorney Xiao comprehensively examined the legal basis for all application behaviors by the entities involved. By linking several parties, she ultimately achieved a hard-won victory in protecting the rights. Her in-depth analysis of case details and key points provided numerous practical suggestions for attorneys handling similar cases, helping them better understand and apply the “other improper means” provision to regulate malicious squatting.

Attorney Yang Siping delivered a substantive and insightful professional presentation titled “From Administrative Rejection to Complete Victory in Litigation: The Path to Success in a Classic Trademark ‘Revocation for Non-Use’ Case.” Drawing from her firsthand experience handling a representative case, she systematically reviewed the entire process—from the initial “cancellation for non-use” application, through the Trademark Office's decision to maintain registration and the subsequent review that failed to overturn it, to the ultimate reversal achieved through first and second instance administrative litigation. Analyzing the case's focal points, Attorney Yang highlighted that the crux lay in determining whether the disputed trademark had undergone genuine, effective, and lawful use during the designated three-year period. She meticulously examined multiple critical pieces of evidence, elucidated strategies and approaches for evidence cross-examination, and shared practical advice on assessing revocation likelihood and identifying “symbolic use.” Attorney Yang emphasized that handling trademark “cancellation for non-use” cases requires not only professional expertise but also cross-disciplinary knowledge and holistic thinking. She concluded with the maxim, “To plan for one domain, first plan for the whole; to plan for the moment, plan for eternity,” offering strategic guidance for navigating trademark disputes.

At the conclusion of the event, Attorney Xu Fadong delivered an insightful commentary. He first commended the three featured speakers for their exceptional presentations, noting that the lectures were both rich and practical—combining theoretical depth with real-world case studies to provide attorneys with invaluable professional knowledge and practical experience. Attorney Xu emphasized that while intellectual property (IP) law remains a relatively niche field, IP issues frequently intersect with other legal domains such as criminal and civil/commercial law. Consequently, attorneys must cultivate cross-disciplinary knowledge and capabilities. When serving corporate clients, issues like trademarks, patents, and copyrights are commonplace. Counsel attorneys who master intellectual property expertise can enhance their competitiveness and avoid losing clients due to lack of specialization. Simultaneously, with rapid technological advancement and accelerating openness to the outside world, the value of intellectual property as intangible assets is increasingly prominent. Cross-border legal service demands will continue to grow, offering vast development potential for related legal services. Our legal profession must keep pace with these trends, continuously elevating professional standards and responsiveness.

JAVY Law Firm remains committed to strengthening its platform for interaction between attorneys and distinguished law firms as well as industry leaders. We foster individual professional growth, deepen legal expertise and skills, and empower attorneys in their practice development.