Senior Adviser
Patent Attorney

 
Xiuping OU

Senior Adviser
Patent Attorney

Profile  |  Experience  |  Publications  |  Speaking Engagements

Dr. OU passed the bar examination and obtained lawyer qualification certificate in 1993. He served as clerk, auditor in Guangdong Higher People’s Court after graduation in 1995. Since 1999 he has been engaged in intellectual property trial and later became a Deputy Chief Judge of the IP Tribunal Of Guangdong Higher People’s Court in 2007.

As a pioneer, participant and promoter for Guangdong IP trial, Dr. OU has handled more than 1000 cases over a decade, including many major typical cases and new types cases, such as copyright case of Avon USA, trademark case of Midea Group, standard essential patents(SEPs) case of Huawei v. IDC. A number of cases are rated as top 10 IP judicial protection cases in China, which have significant impact throughout the country and even the world. The SEPs case of Huawei v. IDC in 2013 is the first standard essential patents case in China and was finally rated as “Case of the Year” by Managing Intellectual Property.

Invited by the SIPO, Chambers of Commerce from foreign countries, All China Lawyers Association, local IP associations and universities etc., Dr. OU has respectively participated in over 100 international IP seminars and made presentations.

Honor
Director, IP committee of Trial Theory Research Institute, Chinese Society of Law
Standing Director, IP Research Institute, Guangdong Society of Law
Trial Expert of Guangdong Court System (2010)
IP Expert of Expert Pool, China IP Office (2011)
One of the Five Talent of Guangdong IP (2012)
Tutor of Graduate School, South China University of Technology
Tutor of Graduate School, Southwest University of Political Science & Law
Tutor of Graduate School, Guangdong University of Foreign Studies
Professor, National Lawyer College

Experience

Deputy Chief Judge at Guangdong High People’s Court since 2007

Attachment Judge at Boluo County Court of Huizhou City, Guangdong from August 1995 to July 1996

Attachment Party Member and Associate Dean at Shantou Intermediate People’s Court from June 2009 to June 2010

Senior Adviser at Jiaquan IP Law since 2016

Other Experience
In June 2007, at the invitation of the US Court of Appeals for the Federal Circuit as well as appointed by the Supreme People’s Court of the PRC, Doctor OU served as Chief Judge in a collegial panel for a patent infringement mock trial in Washington. The panel included the Federal Circuit Court Judge Randall Rader and the Chief Justice of Delhi High Court M. K. Sharma.

Publications

Published Articles on PEOPLE’S JUDICATURE
1. Several Legal Issues of Trademark and Copyright Dispute of Midea Group, 1999.07, by Wenkuan QIU & Xiuping OU
2. Analysis on Several Copyright Cases Involving the Nature of Works, 2001.01, by Wenkuan QIU & Xiuping OU
3. Comparative Study on Expert Appraisal, 2002.12, by Xiuping OU
4. Justice Responses to Conflict of Rights between Trademark and Company Name, 2003.11, by Xiuping OU
5. Legal Status and Legal Liability of a Third Person in Copyright Infringement, 2004.12, by Xiuping OU
6. Social Background for Conflict of Intellectual Property Rights, 2006.04, by Xiuping OU
7. The Substance and Benchmark of Judicial Protection on Well-known Trademark, 2008.13, by Xiuping OU & Xinxing LUO
8. Discussion on New Issues for Judgment of Patent Infringement, 2010.15, by Xiuping OU
9. Judgment on Similarity of Designs, 2011.07, by Xiuping OU
10. The Un-known Intendments in Intellectual Property Law, 2012.05, by Xiuping OU
11. Judgment on Breach of Technology Contract, 2013.05, by Xiuping OU
Published Article on JOURNAL of SWUPL
1. Discussion on Validity of Trademark Licensing Contract, 1999.06, by Wenkuan QIU & Xiuping OU

Published Articles on SCIENCE TECHNOLOGY AND LAW
1. Boundary between Fair Competition and Unfair Competition, 2009.01, by Xiuping OU
2. Discussion on Relation of IP Infringement and Civil Liability, 2009.03, by Rong LI & Xiuping OU
3. Discussion of Legislative Intention on Deductible Condition in a Patent Infringement Dispute, 2011.05, by Xiuping OU

Published Articles on COPYRIGHT
1. Whether Monogram Can be Protected by Copyright, 2001.05, by Xiuping OU Published Articles on ELECTRONICS INTELLECTUAL PROPERTY
1. Dialogue and Integration of Trial Practice and Theoretical Research, 2010.05, by Xiuping OU

Doctoral Dissertation

Intellectual Property Rights Conflict and Justice Equity, published by Encyclopedia of China Publishing House, 2010.01

Published Articles on People’s Court Daily

1. Judicial Protection of Independent Innovation and Intellectual Property Rights, 24 January 2007, by Xiuping OU

Published Articles on COURT
1. Jurisdiction of Trademark Ownership Dispute, 2001.10, by Xiuping OU 2. Report of Attending Patent Infringement Mock Trial in the US, 2007.08, by Xiuping OU
3. Review on Fair Principle of Civil Law, 2004.08, by Xiuping OU
4. Overview of New Patent Infringement Issues, 2010.10, by Xiuping OU
5. Discussion on the Meaning and Applicable Standards of Un-known Intendments in Intellectual Property Law, 2011.10, by Xiuping OU

Speaking Engagements

In June 2007, at the invitation of the US Court of Appeals for the Federal Circuit as well as appointed by the Supreme People’s Court of the PRC, Doctor OU served as Chief Judge in a collegial panel for a patent infringement mock trial in Washington. The panel included the Federal Circuit Court Judge Randall Rader and the Chief Justice of Delhi High Court M. K. Sharma.

2018.5 International Trademark Association

Latest Development on Anti-Unfair Competition Law in China

OEM Practice in China: Recent Cases and Advices

 
Find a Professional

Southwest University of Political Science & Law
Master of Laws (1995)

Southwest University of Political Science & Law
Doctor of Laws (2006)

Hong Kong WTO Centre (2003)

Osaka Kansai Research Centre(2005)

Advanced Study and Research on Intellectual Property at the University of Washington (2013)

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