Bai Gang 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 IPR legislative progress and helping to mould the industry standards.
Mr. Bai has been playing an advisory role in the legislative progress of Chinese IPR 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” and so forth.
Mr. Bai authors/co-authors a dozen of articles and treatise. Some of his recent publications includes: “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), as well as “Chambers Practice Guides Pharmaceutical Advertising - China Chapter” (Chamber and Partners, Chambers Global Practice Guides 2018, Co-author). He has been a member of the editorial committee of the “China Trademark Report” (Volume I - XII) since 2003.
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 2018, he was elected to INTA Board of Directors. In 2019, Mr. Bai has been re-nominated to the INTA Board of Directors for a three-year term commencing January 1, 2020. He is concurrently a council member of the China Intellectual Property Society and the Copyright Society of China and the Director of the Disciplinary and Regulatory Committee, China Trademark Association.
Since 2014, Mr. Bai has been included eight years in a row in Managing Intellectual Property’s List of IP STARS in China. He has been rated as Leading Lawyer/Individual in the intellectual property practice by the “Legal 500” (2010 - 2021), “Chambers & Partners” (2011 - 2021) as well as “Asialaw Profiles” (2016 - 2021). In 2020, he is inducted into the Legal 500 Asia Pacific Hall of Fame. Mr. Bai has also been ranked by the “World Trademark Review” as a recommended individual in enforcement and litigation since 2019.
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 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 (2017): 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 IPR Cases (2016): 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 (2015): 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.