Alain Dong

 

 

 

 

  Alain Dong

  Managing Partner 

  Attorney-at-Law

  Patent Attorney

  Trademark Attorney

 

  China Diaec Law Firm

  Mobile: 13901886271

  E-mail: mac@diaec.com

 

  Key practice areas

  Application and Protection of Trademarks and Patents at Home

  and Abroad
  Domestic and Foreign Intellectual Property Disputes and Dispute

  Resolution
  Legal Consultation and Dispute Settlement in Foreign-related

  Commercial Affairs
  Acting for customers to make domestic and foreign business

  investment
  Assisting clients in international commercial arbitration

 

Professional Qualification
Member of International Trademark Association
Member of American Intellectual Property Association
Member of Shanghai Intellectual Property Research Association
Member of the World Intellectual Property Protection Association
Member of the China Branch of the International Bar Association
German Chamber of Commerce Cooperative Intellectual Property Lawyer
United States Consulate Cooperative Intellectual Property Lawyer
US Department of Commerce Certified Intellectual Property Attorney
Visiting Researcher, Intellectual Property Research Center, East China University of Political Science and Law

 

Educational Background
Economic Law, East China University of Political Science and Law
Computer Software Major, Shanghai Jiao Tong University

 

Social Duties And Honors

Member of the Science and Technology Commission of Shanghai Municipal Diplomatic Relations Commission
Member of Intellectual Property Mediation Committee of Pudong New Area
2010 Shanghai World Expo Outstanding Lawyer

 

Dong Ke has long been engaged in the field of intellectual property and law and has served as the chief legal counsel of international listed companies. Lawyer Dong has been directly responsible for the construction of the company's intellectual property and legal counsel system of various enterprises for many times, and has accumulated rich experience in the management of corporate intellectual property and legal counsel. Mr. Dong is good at handling intellectual property applications, investment, business affairs and litigation cases of enterprises from the United States, Europe and Asian countries in China. He is familiar with intellectual property rights and legal systems in Europe and the United States, and can provide professional intellectual property and legal services for domestic and foreign customers.

 

Classic Cases And Representative Projects:

(1) Taiwan New Rixing Co., Ltd. v. Kunshan Gangyi Precision Electronic Technology Co., Ltd. (Patent Infringement Dispute)
As a well-known listed company in Taiwan, Xinrixing has been a supplier of many famous notebook computer parts in the world, and is widely recognized for its advanced technology. A utility model patent (ZL 200420067823.8) product named "hub with positioning function" of Xinrixing Company enjoys a high reputation in the notebook hub product market due to its high technology content and good quality. In 2008, Xinrixing Company discovered that Kunshan Gangyi Company manufactured and sold DS2 hub products that infringed the aforementioned patents. In 2009, Xinrixing Company entrusted our lawyer Dong Ke to file a patent infringement lawsuit against Kunshan Gangyi Company, and finally won the judgment and was awarded compensation of RMB 500000 yuan, which is one of the few high patent infringement compensation cases in China.


(2) Shanghai Huayin Commodity Co., Ltd. "Bee Flower" Trademark Criminal Rights Protection Case
As a well-known national daily chemical product brand, the "Bee Flower" trademark of Shanghai Huayin Commodity Co., Ltd. has a very high market reputation and is well known by domestic consumers. However, while Shanghai Huayin's "Bee Flower" brand products are marketed all over the country, counterfeit products are also accompanying the country. In 2006, Shanghai Huayin Company discovered a large number of counterfeit products in Linyi, Shandong, and was determined to successfully protect its registered trademark through criminal proceedings. The case was represented by our lawyer Dong Ke, and the infringer was sentenced to four years in prison and fined. The case triggered a huge market and public opinion response, which is also one of the first cases of intellectual property rights in China.


(3) Investment cooperation and trade secret dispute between a well-known animation training company in Shanghai and its partners.
In the process of enterprise operation and management, the disputes caused by the failure to deal with the investment relationship between the company's shareholders and partners, as well as the imperfect protection measures of trade secrets, often bring crisis to the enterprise. Two shareholders of a well-known animation training company in Shanghai and a partner jointly operate, manage and operate training programs through investment and cooperation, sharing costs and sharing profits and losses. At the same time, the company allows the partners to access a large number of trade secrets of the company, but does not sign a confidentiality agreement. Later, due to the dissatisfaction of the partners, disputes were caused, the prosecution demanded high profit dividends, and at the same time tried to steal the company's trade secrets, resulting in a crisis in the company's operations. The case is complicated, and there have been many lawsuits before and after. Under the representation of our lawyer Dong Ke and Shi Rong, the company finally successfully won the judgment, which caused great repercussions in the animation training industry in Shanghai.


(4) Shanghai Junmeng Network Technology Co., Ltd. "Little Ninja" Online Game Rights Protection Case
"Little Ninja" is a well-known online game developed by Shanghai Junmeng Network Technology Co., Ltd., which is recognized by netizens because of its unique shape and game situation setting. In September 2011, Shanghai Junmeng discovered the 337 web game platform website owned by Beijing Zhixingtong. On its website (
www. 333. com) used the web game software that copied the game little ninja owned by junmeng network technology co., ltd. and renamed it BOBOs ninia school. In order to safeguard the rights and interests of software copyright, Shanghai Junmeng entrusted our lawyer Dong Ke to take timely legal measures to save evidence, send a lawyer's letter to warn Beijing Zhixingtong Company and take follow-up legal measures, the website has been closed.


(5) American Baokai (Plant vs. Zombie Copyright) Shanghai Company Intellectual Property Protection Lecture Training
The "Plants vs. Zombies" game has become a classic and successful online game all over the world, but it has also suffered copyright and trademark infringement in the Chinese market. In November 2011, the head of legal affairs of the US headquarters of Baokai Company went to Shanghai to investigate the infringement and began to seek legal advice from Chinese lawyers. On November 11, 2011, our director, lawyer dong ke, was invited to baokai Shanghai company to give an English keynote speech entitled "Safeguarding Your IP in China" to the management of baokai company. At the same time, there were also legal leaders of companies such as Art and Electric Software (the copyright owner of the best speed game) and Renren Games (the well-known social networking site Renren).


(6) Overseas Patent Layout Project of Shanghai Wall Special Energy-saving Materials Co., Ltd.
The inorganic dry powder functional coating system product developed by Shanghai Wall Special Energy-saving Materials Co., Ltd. is the only real inorganic coating in China, leading the world, rapidly promoting the industrial process of "inorganic coating" in China, and changing the original coating industry dominated by organic chemistry. At the same time, the wall special company has fully launched the independent research and development and production of wall special ECO system products, and has been applied to a number of projects on a large scale, and has achieved very good results, creating a new material industry, which has caused a very strong social response. The products of the wall special company fully meet the national strategic requirements of "energy saving and consumption reduction", especially the "Rubik's cube brick" (imitation brick) system with international patented technology, which completely creates and changes the existing exterior wall decoration brick industry. In order to better enter the overseas market, our patent lawyers assist the wall company to carry out overseas patent layout, for the wall company to enter the overseas market to do a good job of escort.


(7) Successfully presided over the first "Advanced Training Course for International Experts in IP Practice" (SIPPS 2011) in 2011
Under the leadership of Dong Ke, this training project invites senior professionals at the partner level of well-known intellectual property firms in North America, Europe and Australia to fully present the development trend of overseas intellectual property rights around the issues of China's overseas intellectual property application, implementation, protection and strategy in the past 10 years since China's accession to the WTO, for entrepreneurs, enterprise intellectual property department heads, government officials, venture capital institutions, commercial banks and other people to focus on the interpretation and discussion of the following topics: introduction of the latest patent law reform in the United States, the latest development of EU patent integration process, overseas intellectual property strategic layout planning of Chinese enterprises, intellectual property due diligence in overseas mergers and acquisitions, etc. This training course adopts the interactive form of "keynote speech brainstorming case study", fully expands the subject ideas, deeply excavates practical operation experience and enlightenment, and escorts Chinese enterprises to successfully sail overseas. This training course was strongly supported by Shanghai Pudong Intellectual Property Protection Association (SPIPPA), highly recognized by the participants, and produced good social response. It is one of the domestic high-standard international intellectual property practice training courses.

 

 

Important Lecture

2003.11

Enterprises

Pudong Lujiazui Software Park (for more than 30 companies such as Motorola and Huawei)

2004.01

Contracts

 

2004.02

Writing of Patent Technology Statement

SINOPEC Research Institute

2004.03

Patent and Trademark International Application Practice

Kone Law Firm

2004.05

Industrial Enterprises

Pudong Kangqiao Industrial Park (for more than ten enterprises including Tailifu)

2004.05

Patent and Trademark International Application Practice

Xiaoyun Law Firm

2004.08

Contracts

Zhangjiang High-tech Park (for 40 enterprises such as Naimi Flash Core)

2005.05

Intellectual Property Practice of Foreign Enterprises in China

German Chamber of Commerce

2006.11

Automotive Industry

American Consulate

2007.05

Computer Software Protection Practices

Minhang District Industrial Park

2008.01

Intellectual Property Protection Practice

Zhangjiang RFID Industrial Base

2008.04

Patent Practice

Shanghai International Expo Center (for U.S. Consulate Members)

2008.06

IP China

(for German Consulate Members)

 

 

 

Working Experience

has worked in Shanghai Patent and Trademark Office and D & B Consulting Company successively. He has practiced in the field of intellectual property for more than ten years. He is proficient in electronic communications, software engineering, biopharmaceuticals, etc., and has assisted many large enterprises to establish a sound intellectual property management and protection system. At the same time, he also served as a legal consultant for many listed companies at home and abroad.