Xu Jing

徐静

Areas of Practice

Ms. Xu specializes in intellectual property litigation, and her experience includes managing litigation matters related to infringements of patent, trademark and copyright, as well as antitrust and unfair competition. She has been focusing on delivering practical and innovative solutions to clients involved in high-profile IP disputes with cutting-edge legal issues.

Ms. Xu has extensive experience representing a diverse range of companies in IP infringement litigation, IP-related antitrust lawsuits, and administrative court appeals before different levels of PRC courts. She has helped resolve high-stakes IP disputes for global technology leaders as well as companies in luxury, telecommunications, software, banking, internet, chemical engineering, machinery, consumer electronics, and automobile industries. Many of the cases were selected as “representative case” by PRC Courts or received attention from industries for her strong and innovative representation. Some of the cases represented by Ms. Xu are as follows:

Patent Cases

  • ESCO v. Ningbo Lukun - patent infringement litigation involving an invention patent covering wear member for excavators. This case established the rules for correction of errors in claims, and was listed as Top 50 IP Cases of PRC Courts as well as Top 10 IP Cases of Guangdong Courts in 2016

  • Christian Louboutin v. Verteam - design patent infringement litigation related to lipstick designs. Guangzhou IP Court issued its first preliminary injunctive order, and clarified the standard for evaluating the “irreparable harm” element. This case was listed as Top 50 IP Cases of PRC Courts as well as Top 10 IP Cases of Guangdong Courts in 2016.

  • PHILIPS v. Jitian - design patent infringement litigation related to shaver designs. This case is an example of improvements of procedural measures for proving infringer’s illegal profits in the Shanghai Intellectual Property Court’s Judicial Protection over Intellectual Property Rights (2017). 

  • Ms. Xu was also the lead counsel in Samsung v. Huawei and Sougou v. Baidu.

Antitrust Cases

  •  Huawei v. IDC - an antitrust dispute involving standard essential patents (“SEPs”).  This case was listed as Top 10 IP Cases of Guangdong Courts and MIP’s “Case of the Year in Mainland China” in 2013. 

Trademark and Unfair Competition Cases

  • Christian Louboutin v. the Trademark Review and Adjudication Board - an administrative court appeal against a refusal decision on an international application for registering the “Red Sole”. This case is the first time that PRC Supreme Court rules that a type of subject matter not explicitly listed in the trademark law is also registrable. This case was selected as one of the top 10 typical trademark licensing and confirmation cases in 2019 by the Beijing Intellectual Property Judicial Protection Association. 

  • Deere v. Qingdao JOTEC - trademark infringement litigation involving color combination trademarks for agricultural machines. This case was listed as Top 50 IP Cases of PRC Courts and Top 10 IP Cases of Beijing Courts in 2014.

  • COFCO and Beijing Hongtai v. Yuanyi Real Estate - unfair competition litigation that the court clarified the rules of protection of the names of buildings as part of geographic names in the first time. This case was listed as Top 10 IP Cases of Beijing Courts in 2013.

  • Leroy-Somer v. Fujian Lilaisenma - trademark infringement and unfair competition litigation, which is the first case that a PRC court finds an asserted trademark in Latin characters similar with an infringing trade name in Chinese characters. This case was listed as Top 10 Innovative IP Cases of PRC Courts in 2012.
  • Beijing Kaixinren v. Beijng Qianxiang Hulian and Beijing Qianxiang Wangjing - unfair competition litigation that was listed as Top 10 IP Cases of Beijing Courts in 2011.

  • Snow-Lotus v. Shanghai Yagewei - trademark infringement and unfair competition litigation, which was one of the first cases that resolved disputes between trademark rights and names of foreign-registered companies. This case was listed as Top 10 IP Cases of Beijing Courts in 2009.

  • Tencent v. Beijing MMIM Technologies - unfair competition litigation, which was listed as Top 10 IP Cases of Beijing Courts in 2007.

Ms. Xu is also a researcher at Williamson Center for Laws, Economics and Organizations at Shandong University, and a frequent speaker on SEP and antitrust topics.

RECOGNITIONS

  • Enforcement and Litigation, World Trademark Review 1000, 2020

  • Leading Lawyer, IP Litigation, Chambers Asia Pacific Guide, 2019-2020

  • Top 50 Intellectual Property Lawyers in China, IPRdaily and Zhichanli, 2019

  • 1000 Outstanding Lawyers Handling Foreign-related Matters, PRC Ministry of Justice, 2018

  • Intellectual Property Lawyer of the Year, China Law & Practice, 2017

WORK EXPERIENCE

Ms. Xu joined King & Wood Mallesons in 2000.

Ms. Xu received her LL.B. and LL.M. in Civil and Corporate Law from Shandong University School of Law.

Ms. Xu was admitted to Bar of the People’s Republic of China in 2000. Her working languages are Chinese and English.


Location

Legal insights

On April 21, 2020, Beijing Higher People’s Court released the Guidelines on Determination of Damages and Statutory Damages in Disputes over Intellectual Property and Unfair Competition (the ...

28 May 2020

This case serves as guidance and reference for handling other similar cases.

26 April 2017

This article discusses whether sports tournaments are protected by copyright, which would facilitate the development of the sports industry.

29 July 2016

On 2016 World Intellectual Property Day, we present this series of articles aiming to explore the distance digital technology transcends and the challenges it embodies.

26 April 2016

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