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James Luo, Beijing's Top 10 IP Lawyer

James Luo, Beijing's Top 10 IP Lawyer
Managing Partner
Location: Beijing
Contact info:
James.Luo@lawjay.com.cn
+861059335500
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Background


Dr. James Luo, managing partner of Lawjay Partners, is counsel of choice for international clients. He is consistently ranked by the WTR 1000 and Legalband as a band one leading individual in IP litigation, by Managing Intellectual Property as a Trademark Star, and is recognized as among China’s leading IP lawyers by Chambers and Partners, and Who’s Who Legal, among others.


Every year, James represents various top luxury brands and world-famous marks in over a hundred civil and criminal lawsuits for trademark and copyright infringement. He likewise regularly works with prestigious international law firms such as Bird & Bird LLP, Mayer Brown JSM, Simmons & Simmons LLP, Akin Gump Strauss Hauer & Feld LLP, Polsinelli PC, Chas. Hude A/S, Finlaysons, Knobbe, Martens, Olson & Bear LLP, Rutan & Tucker LLP and Awapatent AB.


Recent victories won by James for top luxury brands include the Supreme Court retrial actions for Playboy and Two Faced, respectively; an award of 4.3 million renminbi in damages in a trademark infringement action against an online counterfeiter and its online service provider; a suit against an OEM that exported counterfeit goods; and a suit against a popular Chinese e-commerce platform selling fake luxury goods. The Supreme Court also ranked LV’s landlord liability case against Hefei Baima Market as among the 2014 top 50 best practices IP litigation cases in China, while other cases were selected as top 10 IP litigation cases in other provinces.


With over 25 years’ experience in IP law, James is an established legal authority in IP litigation and enforcement. In 2013 James was recognized by the Beijing Bar Association as among the Top 10 IP Lawyers in Beijing, and in 2015 as an outstanding committee director having chaired the association’s trademark committee which was also recognized as an outstanding committee. He had served as chair of the China sub-committee of INTA’s anti-counterfeiting committee, and vice chair of the Quality Brands Protection Committee. He is a former IP partner at Bird & Bird and had worked for Motorola and prestigious law firms including Baker & McKenzie.


As among the most influential figures in China’s IP practice, James had been instrumental in countless legal reforms in China’s IP regime. He presently sits as a legal expert of the Supreme People’s Court’s IP Case Law Center expert advisers committee. During the recent amendment of the Trademark Law, he was sought to provide comments on its corresponding implementing regulations, TRAB rules and judicial interpretations.


James earned his PhD in IP at Renmin University of China and his LLM in IP at King’s College London. He was a visiting scholar to the University of London and a visiting researcher at the Franklin Pierce Law Center. He is a guest professor at Renmin University of China School of Law and China University of Political Science and Law, and frequently speaks at domestic and international conferences.


Comments and reviews made about James and his firm by his peers and the major legal publications include:

“Highly effective and a leader in the fight against fakes”, James Luo has “an in-depth understanding of the courts and is a frequent fixture in important trademark infringement cases. Considered a thought leader, he sits on the Supreme Court’s
IP Case Law Centre experts committee.” “[He] is at the apex of the profession, widely admired by clients and competitors alike.” – World Trademark Review

“James Luo is a well-regarded practitioner in [IP litigation]. With extensive trade mark litigation experience in court, he is especially renowned for representing prominent luxury brands. He also has an excellent reputation for his impressive expertise and commercial skills.” - Legalband

“The popular James Luo brings a wealth of international experience to the group, especially on the trademarks enforcement front. Noted for his strong track record handling significant IP lawsuits, he is a trusted adviser to prominent luxury brands.” “He is counsel of choice amongst overseas clients. Interviewees comment: ‘I have always thought very highly of James. He is efficient and we have confidence in him.” “Noted for his strong track record handling significant IP lawsuits, he is a trusted adviser to prominent luxury brands.” - Chambers and Partners “Managing partner James Luo has significant experience in trademark and copyright litigation.” - The Legal 500

“James Luo is a litigation specialist who regularly represents international clients on high-value disputes.” – Who’s Who Legal

In 2012 and 2013, Lawjay Partners was shortlisted by Chambers and Partners for Boutique PRC Law Firm of the Year, the only IP firm that received the nomination in this category. Recently, Lawjay Partners also ranked as among the 2017 Asian Legal Business Top 10 Choice Law Firms by Thomson Reuters and the 2016 Top 10 for IP Litigation in China by IPHOUSE.

Education

  • Ph.D. in IP (2008) and LLB in IP (1991) at Renmin University of China

  • LLM in IP (2000) at King’s College London, the University of London

  • Visiting Scholar to the University of London (1999-2000)

  • Researcher in IP at Franklin Pierce Law Center (2004)

  • BA in English at Anhui Normal University (1989)

Current Positions

  • Expert, Expert Advisers Committee, Intellectual Property Case Law Center, Supreme People’s Court

  • Committee member, China Intellectual Property Law Society

  • Vice Director, Development Committee, Intellectual Property Institute, Renmin University of China,

  • Guest professor and LL.M. Supervisor, School of Law, Renmin University of China

  • Guest professor, China University of Political Science and Law

  • PRC trademark agent

  • Arbitrator, Chinese European Arbitration Center

Former Positions

  • Chairperson, Trademark Committee, Beijing Bar Association (2012-2015)

  • Partner equivalent, Bird & Bird (to date, the first and only Chinese lawyer hired as partner /partner equivalent)

  • Chairperson, China Sub-Committee, INTA’s Anti-Counterfeiting Committee (Jan 2010 - Dec 2011)

  • Vice chairperson, Quality Brands Protection Committee (QBPC) (Jan 2008-Dec 2010) (QBPC has over 200 MNCs as its members);

  • IP director for North Asia, Motorola China (2007-2008)

  • Arbitrator, Beijing Arbitration Commission (2007-2012)

  • Senior IP associate, Baker & McKenzie Hong Kong and Beijing (2000-2007)

  • Trademark agent, NTD Trademark and Patent Agency Ltd.

  • Chief legal counsel, Beijing-Oakland Water Proof Building Materials Co., Ltd. (1991-1993)

Specializations

  • Trademark, copyright, unfair competition, computer software, and intellectual property in general

  • Civil, administrative and criminal enforcement of IP rights

Clients

Louis Vuitton, Chanel, Gucci, Prada, Burberry, Michael Kors, MCM, Ermenegildo Zegna, Armani, Playboy,Too Faced, Stussy, Aesop, Rotork, Microsoft, Electrolux, Pandora, Johnson Electric Group, and other world famous brands.

Qualifications/Honors

  • 1994 – passed the PRC bar

  • 1998 – awarded one-year fellowship by the PRC Ministry of Education to conduct research in IP law as a visiting scholar to the University of London

  • 1999 – selected by the PRC Ministry of Justice from lawyers nationwide to take part in the Practical Training Scheme for Young Chinese Lawyers, the predecessor to the present Lord Chancellor Training Scheme for Young Chinese Lawyers

  • 1999 – qualified as PRC trademark agent

  • 2011 – won the Best Practice Award at Microsoft Outside IP Counsel Summit

  • 2013 – recognized by the Beijing Bar Association as among the Top 10 IP Lawyers in Beijing

  • 2015 – recognized by the Beijing Bar Association as an outstanding committee director having chaired its trademark committee, which through his leadership was recognized as an outstanding committee

  • 2016 – appointed as a legal expert of the Supreme People’s Court’s IP Case Law Center expert advisers committee

  • 2017 – appointed as Chair of the One Belt One Road and International Affairs Group of the National Bar Association’s Intellectual Property Rights Committee

Publications

  • “Research on the Criminal Protection of Trademark Rights”: Ph.D. dissertation, Renmin University of China

  • “The Protection of Well-Known Marks in China”: LLM dissertation at King’s College London, published at Peking University’s Intellectual Property Review 2001, No. 1 issue

  • “Trademark Protection in Retail Markets” (in Chinese), Issue No. 3 [2008] Electronic Intellectual Property

  • “The Criminal Protection of Trademarks in the UK and the US” (in Chinese), Issue No. 3 [2008], China Trademarks (Zhong Hua Shang Biao)

  • “China Revises Its Trademark Law” (in English), Issue No. 2 [2000] Intellectual Property Quarterly, London

  • “Passing Off and Unfair Competition (China): Overview” (in English), Practical Law (a Thomson Reuters Publication), May 2014

  • “Landlord indirect and administrative liability for trade mark and copyright infringement: China” (in English), Practical Law (a Thomson Reuters Publication), January 2015

  • “Landlord liability actions for trademark infringement in China: a ‘how to’ guide” (in English), World Trademark Review, Issue 65, February/March 2017

Recent Presentations/Talks/Interviews

  • Presentations on “IP Enforcement Strategy in China” to QBPC, IACC, AmCham, EU Chamber of Commerce, JETRO, etc.

  • Presentations on “Anti-Counterfeiting in China” to law students from Franklin Pierce Law Center, and Chinese top law schools.

  • TV interview: “Creating an Innovative Nation Requires IP Protection” (in Chinese), China Talk, CNTV, 25 November 2013

  • TV interview: “A Talk with James Luo: Defender of Intellectual Property Rights” (in English), Huaren Huiketing, HRTV, July 2015

  • Lecture on “The Recent Developments on IP Protection in China”, 2016 Sino-US IP Seminar, Shenzhen, China, November 2016

  • Presentation on “Shaping Your Environment: Building and Managing the Brand Protection Function”, World Trademark Review: Brand Protection in China, Shanghai, China, December 2016

  • Presentation on “Several Issues on Trademark Prosecution and Trademark Infringement in China”, London, UK IP Office Trademark Workshop, December 2016

Practice Areas

Unfair Competition,  Trademarks,  Copyright