Frank Yang
Senior Associate
Asia
Beijing
Frank is experienced in a wide range of contentious and non-contentious matters involving all categories of IP rights, including IPR registration, anti-counterfeiting investigation, customs protection, AIC action, anti-unfair competition, domain name disputes, and infringement litigation. In addition to traditional IP prosecution, enforcement and litigation work, Frank also has strong expertise in transactional IP work, including IP strategic advice, IP due diligence, technology acquisition/licensing/transfer, brand acquisition/licensing/transfer, IP collaborative development & commercialization, and commercial franchising operations. He has solid experiences of advising international clients on commercial IP issues arising out of cross-border M&A or other types of commercial transactions in media, entertainment, internet and high-technology sectors.
Frank graduated from Wuhan University in 2002 with dual Bachelor degrees in Law and English. Frank also earned a Bachelor degree in Computer Application Software from Jilin University. He was admitted to practice law in the PRC in 2006. He was also granted a PRC patent attorney license in 2014.
Prior to joining Marks & Clerk, Frank was a senior associate in the Beijing office of a leading US law firm.
Frank is fluent in both English and Mandarin.
Languages
- 中文 (普通话) (Mandarin)
- English
Specialist in
Qualifications
LLB, BA
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Latest articles by Frank Yang
Local Sales Insufficient to Support Class 35 Registration in China
The Beijing IP Court recently upheld a CNIPA decision to cancel a class 35 trade mark registration despite proof of use submitted by the registrant. This case highlights the difficulty in defending a class 35 trade mark registration, often obtained for defensive purposes, against a non-use challenge in China.
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Invalidation Action: A Useful Weapon to Contest Bad Faith Infringement Claims in China
For foreign businesses whose trademarks have been the subject of pre-emptive registration in China, it is not uncommon to receive warning letters or even infringement claims from local registered trademark rights holders. However, there is the option to apply to invalidate the pre-emptive registration and so contest and hopefully undermine the basis for any infringement claim, particularly if the registered mark is a blatant imitation of the foreign party’s brand.
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Legal Update: Regulations on Illegal Trademark Use
In China, the CNIPA issued Standards for Assessing General Illegal Trademark Acts, which came into force in January 2022. Recently, the CNIPA released its official interpretations and explanations to provide guidance on implementation of these new rules.
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