Qishan Zhao

Partner

Attorney at Law

Email: qishan.zhao@lexfieldlaw.com

Tel: +86 10 8561 8471

Emphasis

• Civil litigation representation in intellectual property infringement disputes
• Civil litigation representation in intellectual property disputes involving standard essential patents (“SEPs”)
• Representation in Anti-monopoly disputes related to intellectual property
• Non-litigation solutions for intellectual property disputes
• Solutions in relation to intellectual property risk prevention and mitigation strategies in operation activities

Professional Highlights

Dr. Zhao Qishan has long focus on the resolving of disputes in IP area and Anti-monopoly area. Especially, she has expertise to handle evolving disputes surrounding SEPs as well as the Anti-monopoly disputes related to IP.

Prior to joining LexField Law Offices, Dr. Zhao was the Director of Intellectual Property Policy at ZTE Corporation. She was in charging of researching legal problems in IP area and drafting the company’s external policies. She has participated in giving the legislative proposals or feedbacks for policy making on behalf of ZTE, dealing with some important IP cases of the company, designing and constructing the open source compliance governance system as well as responding some crisis events for the company.

Prior to that, Dr. Zhao was engaged in postdoctoral research on intellectual property at the Institute of Law of the Chinese Academy of Social Sciences and taught patent law at Shanghai University Law School. She has published dozens of academic papers in both domestic and international journals such as IP ECONOMY, INTELLECTUAL PROPERTY, CHINA PATENTS & TRADEMARKS, COMPETITION POLICY RESEARCH, ORIENTAL LAW etc. Including Commercial Rationality or Instrumental Rationality: Reflections on Judicial Rules for FRAND Licensing Terms, Policy Choices in Judicial Determination of FRAND Terms and Their Impact on Global SEP Litigation, Anti-suit Injunctions and Anti-anti-suit Injunctions in Cross-jurisdictional SEP Parallel Litigation, Research on Judicial Determination of Reasonable License Fee for SEP, Constructing the Defense Rules for Ceasing Infringement in SEP Infringement Cases, The Choice of Judicial Settlement Pathways for FRAND Licensing Disputes under Chinese Law, A Comparative Study on the Relationship of Injunctive Relief and RAND Statement, Doubts on the Exclusion Clause of Intellectual Property in China’s Anti-Monopoly Law, On the Binding Effect of Patent Licensing Declarations in Technical Standards on Patent Assignees etc.

Dr.Zhao has been actively participated in legislation and policy formulation and revision in the field of SEPs and Anti-monopoly. She has been invited to join several International forum and the IPR workshop in SDOs. She is well-versed in both domestic and international legal rules relating to SEPs and has provided professional trainings in this field.

Representative Cases

Litigation Cases

• Represented a European cellular SEP holder in a FRAND royalty dispute against a Korean company in China
• Represented a European cellular SEP holder in an Anti-monopoly dispute involving SEPs against a Chinese company in China
• Represented a U.S. SEP holder in a patent misuse litigation against a U.S. company in China
• Represented a European cellular SEP holder in a FRAND royalty dispute against a Chinese company in China
• Represented a Japanese SEP holder in FRAND licensing disputes against two Chinese companies in China
• Represented a U.S. cellular SEP holder in a FRAND licensing dispute against a Chinese company in China

Non-litigation Matters

• Provided a Japanese SEP holder with comparative analysis reports on SEP judicial rules across multiple jurisdictions for two consecutive years
• Advised a Chinese software company on IP compliance governance and policy recommendations concerning open-source software
• Conducted an Anti-monopoly risk assessment report on patent assignment agreements for a Chinese telecom operator
• Delivered SEP licensing landscape and case study training to a Japanese automobile manufacturer for two consecutive years
• Provided a European SEP holder with research and analysis reports on 5G patent data and related legal issues
• Provided legal risk assessment and mitigation training on SEP licensing negotiations to a Chinese telecom company
• Provided training on SEP licensing negotiations and global SEP litigation management to a Chinese internet company

Education

● Postdoctoral of Law, Chinese Academy of Social Sciences (2015)

● LL.D., Law School of Peking University (2012)

● LL.M., Law School of Peking University (2004)

Language

● Chinese, English