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Major AchievementsThe followings are a brief description of representative
cases handled by our attorneys in recent years. This list is meant to be representative
only and is not all-inclusive of the courts or subject matters with which we have
experience. We encourage you to contact us directly via phone or e-mail for more
information. Representative Cases Handled by Changji AttorneysA
Case of First Impression in China Involving Textbook Authorship Right Dispute
Attorney Zhu Shouquan represented Mapping Publishing House, the defendant, at
trial court and on appeal. Following the defendant's victory at trial court, the
plaintiff appealed. The case was eventually settled under the court mediation.
This case was extensively reported on 3 August 1998 in the Legal Daily,
a newspaper published by the Chinese Ministry of Justice, entitled A natural
person can not claim authorship right from works arising within the scope of employment.
The report was later selected in A Collection of prominent Cases Involving Disputes
on Intellectual Property, which was edited by Intellectual Property Right Commission
of Beijing Bar Association, and published by Legal Publishing House in January
2000.Funds Raising Dispute Involving International
Soccer Commercials Attorney Zhu Shouquan represented plaintiff at
the trial and on appeal. The plaintiff prevailed at both. This case drew widespread
national attention in China since it was litigated in the mist of the international
soccer competition. The case has been included in the series books of the Latest
Trial Court Debate - Entrustment from Los Angeles, which was published by
Police Education Publishing House in December 1998. Dispute
Involving Copyright Infringement in Commercials. Attorney Zhu Shouquan
represented the appellant. At trial, the court held that the defendant was liable
for the infringement, but found that some fact ascertained was incorrect. As a
result, the plaintiff was only awarded very small damage requested in the complaint.
In other words, the plaintiff in fact lost money even if he won the case against
the defendant. On appeal, the court adopted the argument advanced by Attorney
Zhou on behalf of the appellant and awarded the damages requested originally in
the original complaint. The case was covered by news media and later included
in Sample Case Analysis on China's Intellectual Property Right Protection. Zhengyici
Theater Lease Dispute Attorney Zhu Shouquan represented the plaintiff,
who prevailed both at trial and on appeal. This case was included in a book entitled
Eloquent Debate, and was also reported in the program of Attorney's View Point
aired by Shanghai Oriental TV. Since the case touched on the sensitive issues
of commercial lease and the protection of cultural heritage, many news organizations,
such as CCTV, BJTV, and many newspapers followed the case and reported extensively.
Tourists' Contract Dispute Attorney Zhu
Shouquan represented 28 plaintiffs at trial and on appeal. The panels at trial
and on appeal awarded only a very small part damage claim requested by the Plaintiffs.
During the trial, emotional damage compensation raised by Attorney Zhu drew the
attention of the news media. Many newspapers including Legal Daily, Beijing
Youth, Civilian Messager, etc. followed the case and reported it extensively. A
Case Involving Reputation Infringement In Huayun Art & Education
Development Center v. Fushun Cultural Association, Attorney Zhu Shouquan represented
plaintiff at trial and on appeal. The plaintiff prevailed at trial. The defendant
first appealed but later withdrew his appeal. This case involved an artist/painter
who fabricated the seal of others and then used the counterfeit seals to hold
Lei Feng Cup handwriting contest in the name of his counterfeit victims. On July
20, 1998, Legal Daily devoted a full page in reporting the case. Infringement
of Online Exclusive Use Right Attorney Zhu Shouquan represented
the plaintiff at trial and on appeal. Initially, the plaintiff lost at trial court.
On appeal, both parties settled the case in conference hosted by the court, and
the defendant agreed to pay damages suffered by the plaintiff. This case is significant
because it establishes the practice of evidence collection in litigating online
exclusive use right infringement. Copyright Infringement
Dispute on CCTV Logo Attorney Zhu Shouquan represented plaintiff
Zhang Desheng at trial and on appeal. Many national news media, including Hong
Kong's Times Media reported the case in its 5th issue of 2002. The complaint
and pleadings filed by Attorney Zhu Shouquan and Cao Yan on behalf of the plaintiff
were included in the Courthouse Debate - Appreciation and Analysis of Selected
Advocacy, which was compiled by Hunan Normal University Law School and published
by Shanghai Dictionary Press. New Trial for Dispute
Involving Villa Sales in the Old Summer Palace Attorney Zhu Shouquan
represented plaintiff at trial in this complicated case which has many twists
and turns. Dispute Involving Releasing Goods without
Bill of Lading in International Maritime Shipping Attorneys Zhou
Shouquan and Shu Mei represented the plaintiff in Shenyang Jinhe Arts & Crafts
Co., Ltd v. Shanghai Defidesi International Shipping Consultation & Service
Co., Ltd. It took a year from the filing of the initial complaint in Shanghai
Maritime Court to the final verdict reached on appeal by the Shanghai High Court,
which affirmed the lower court decision in plaintiff's favor. The plaintiff prevailed
on all issues litigated and was awarded all the requested damages. The defendant
eventually paid all the monetary damages as ordered by the courts. Copyright
Dispute involving Wang Xuexian, et al. v. Ji'nan Success Management School et
al The case involves serious copyright infringements by the defendants
who illegally copied and pirated the plaintiff's copyrighted works. Attorneys
Zhu Shouquan and Shu Mei on behalf of the plaintiffs brought legal actions against
defendants in Ji'nan Intermediate People's Court, and successfully argued and
established in court that the complained infringement had indeed occurred based
on the facts and the law. The way this case was argued is significant and has
guiding value for attorneys in litigation and judges at trial. This successful
litigation strategy is detailed in a book entitled Determination and Application
for the Original Creation of Writing authored by Attorney Shu Mei. This case
has been included in the Classic Case Studies on Intellectual Property Right
Protection in China. A Case of Copyright Infringement
involving Two Chinese Central Government Ministries This case was
complicated and difficult throughout the litigation process, since the defendants
in Geng Zhiling v. Two Ministries, were in fact two Chinese Central Government
ministries. Given the above, Honorable Song Yushui, Beijing Haidian District People's
Court judge, who is one of the top ten judges nationally recognized in China presided
over the trial. National media, such as CCTV Prime Time News followed and reported
the case. From the filing of the initial complaint to the final trial, Attorney
Shu Mei raised, on behalf of the plaintiff, the issues of whether works derived
in part from the infringements of the copyrighted works of others can still legally
enjoy the copyright protection under the Chinese law, and if yes, how to determine
the creativity of the derivative works. The issues raised considerable controversy
and debates in academic and judicial circles alike. This case has been included
in the Classic Case Studies on Intellectual Property Right Protection in China.
For details, see the Determination and Application for the Original Creative
Writing by Attorney Shu Mei. Su Zhongjie v. Peng
Changcheng, chief editor of Reader Magazine, et al In addition
to the chief editor of Reader Magazine, other defendants named in the lawsuit
include People's Publishing House of Gansu Province, Guangdong Ernest Enterprise
Co., Ltd, and two others. Attorneys Zhu Shouquan and Shu Mei brought suit on behalf
of the plaintiff in Beijing Chaoyang District People's Court against the defendants
for infringing the plaintiff's intellectual property right in the 12-volume Humanism
Reader's Book which was edited by the plaintiff. Newspapers, such as The First,
Prosecutor Daily, and TV networks followed and reported the dispute as the
case touched on the issue of "nominal editor" related to corruptions
in the academic circles. The case was eventually settled. As part of the settlement,
the book publisher apologized to the plaintiff and recognized the plaintiff's
legal status as the chief editor of the book in dispute. Moreover, the defendant
agreed to pay the plaintiff ¥100 thousand Yuan compensation to settle the damage
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