Specialized in the field of professional lawyers to take the road-record of the first outstanding young lawyer in Shandong Province Yu Peng.
Published:
2008-04-01
Yu Peng, born in November 1971, is a member of the Communist Party of China and a second-class lawyer. 1994 Graduated from the Department of Automation and Control, Northeastern University, Bachelor of Engineering. In 1997, he worked as a full-time lawyer in Jinan Daqian Law Firm. Since 2002, he has been practicing in Shandong Zhongcheng Renhe Law Firm. He is now a partner of the firm, director of the intellectual property business department, and member of the Intellectual Property Committee of the All-China Lawyers Association. Vice Chairman of the Intellectual Property Business Committee of Jinan Lawyers Association. Yu Peng lawyer's exquisite professional legal knowledge and warm and thoughtful service won the praise of the client.
Lawyer Yu Peng has been in the industry for more than 10 years, representing hundreds of cases and recovering tens of millions of yuan in economic losses for the parties. Because of his working experience in foreign trade and shipping in a wholly-owned enterprise, and his ability to skillfully use foreign languages, Yu Peng was professionally positioned in foreign-related legal affairs at the beginning of his practice, and successively served as the legal consultant of many foreign-funded enterprises in Shandong Province and Jinan City, successfully represented a US company v. a US-owned company in Binzhou for network infringement of goodwill, a maritime dispute between a US-owned company and a trading company in Shandong, a proprietary technology dispute between a large state-owned enterprise and a Swedish company, and a special liquidation of a foreign-invested enterprise of a pharmaceutical and chemical company in Shandong. He has accumulated rich experience in handling cases in the field of foreign-related legal affairs.
Deutsche Bank is one of the first internationally renowned financial institutions to enter China's capital market. The bank is preparing to acquire more than 4 billion valuable non-performing assets in Shandong. The Shandong project manager of Deutsche Bank requires due diligence on the non-performing assets of more than 150 debtors scattered throughout the province in a very short period of time, and issues legal opinions in accordance with the format prescribed by Deutsche Bank. The project manager knows that time is very tight and is very worried about whether the lawyers in our province can complete it on schedule so that the company can make a correct judgment before bidding. Time is tight and the task is heavy. With skilled legal knowledge and meticulous preparation, the team led by lawyer Yu investigates and collects evidence during the day, studies case files and materials late at night, writes legal opinions, and has less than 6 hours of rest every day, even eating on the way. After returning to Jinan, I concentrated on eating and living in the unit, studied the case, analyzed the materials, improved the legal opinions, and finally completed all the investigation work and legal opinions five days in advance. The project manager praised the efficiency and quality of the lawyer's work.
In 2004, a company in the United States, a leading enterprise in the world's chemical industry, found Yu Peng lawyer. Huang, who used to work as an engineer in his company, resigned and went to Shandong to set up a wholly-owned company to produce and sell the same products as a company in the United States. Not only did it sell at low prices in the market, but its advertising campaign slandered the products of a company in the United States. The vice president of a U.S. company in charge of the case attached great importance to the case, worried that the local government had local protectionism and protected the sole proprietorship enterprises within its jurisdiction. He was also worried about the level of Chinese lawyers in handling foreign-related business, especially the level of handling foreign-related intellectual property cases. For this reason, he flew to Jinan to meet with Yu lawyers to discuss countermeasures. At that time, he advocated filing a lawsuit for infringement of trade secrets. On the basis of fully studying the relevant case information, Yu's lawyer put forward his own litigation strategy to a company in the United States. First of all, starting with the case of the other party's violation of the Anti-Unfair Competition Law to carry out unfair propaganda and slander the goodwill of a company in the United States, the evidence in this case is easy to be fixed by means of notarization and evidence collection, and the legal relationship is simple and the success rate is high. Through this case, we can further understand the situation of the other company, and collect relevant evidence for future litigation in the process of evidence preservation. Secondly, starting from the case of infringement of corporate trade secrets, although Huang signed a confidentiality agreement and a non-competition agreement with a company in the United States, the company established two years after Huang's resignation produces the same products as a company in the United States. A company in the United States has provided the relevant secret points of the products, but whether the process and formula of Huang's products are consistent with those of a company in the United States is the key issue. This case must obtain the other party's products from the previous case, and only after identification and analysis can there be a chance of winning. At that time, there was no express provision in the law of our country. Only a few ministries and commissions stipulated that in principle, it was two years, and those over two years would not be protected. Moreover, a company in the United States did not pay the corresponding compensation to Huang, so the odds were not good. After listening to the lawyer's analysis, the vice president immediately decided to follow the lawyer's thinking and entrust the lawyer to represent the case. After the lawyer took the case, he went step by step according to the strategy formulated in advance, starting with the case of false propaganda and slandering the goodwill of others, and won the case. The other party compensated for the loss, apologized in the relevant media, and the basic requirements of an American company were met. As for the infringement of trade secrets case due to insufficient evidence, a company in the United States eventually did not file a lawsuit. But the company is very appreciative of the lawyer's ability to handle cases and professional attitude.
After China's accession to the WTO, frictions or disputes between China and Europe and the United States in the field of intellectual property rights and trade in services have gradually increased, and the speed of revision of related laws and regulations has been significantly accelerated. thus, the requirements for the quality and specialization of lawyers engaged in legal affairs in this field are getting higher and higher. Lawyer Yu Peng keenly seized this opportunity. Since 2003, he has specialized in the field of intellectual property law. In early 2004, he took the lead in setting up the Intellectual Property Department in Jinan's legal circle. Now there are seven full-time lawyers in the department. Taking advantage of the provincial capital city of Jinan, he has established good cooperative relations with provincial and municipal intellectual property offices, trademark offices, press and publication bureaus and other administrative departments to actively develop markets and businesses, take the initiative to provide professional legal services for high-tech enterprises and government agencies in the province. Acting for Shandong publishing houses, well-known writers such as Yang Hongying and other copyright dispute cases, and achieved good economic and social benefits; Acting for the well-known trademark case of Chinese Suit Co., Ltd.; Acting for a copyright owner v. KTV copyright case was rated as one of the top ten intellectual property cases in Jinan in 2006; Acting for well-known enterprises, colleges and universities in many patent, proprietary technology or unfair competition disputes, in order to build an innovative harmonious society, give full play to the role of lawyers. In the process of handling lawyer business, lawyer Yu Peng pays attention to summing up and accumulating experience in handling cases, and actively conducts theoretical research and discussion. Since 1999, he has written more than a dozen professional theoretical articles and won the second prize of the 1. in the theoretical research activities organized by the provincial and municipal bar associations. Among them, the article "on how enterprises avoid the risk of leakage of trade secrets" was included in the book "legal risk Prevention and Control of State-owned Enterprises" published by Shandong Friendship Publishing House. His paper "On the Copyright Protection of the Mascot of the Beijing Olympic Games" was recommend by the Shandong Lawyers Association as an excellent paper to the 6th East China Lawyers Forum.
From June to August 2008, Yu Peng and 23 lawyers selected by Shandong Lawyers Association went to the United States to participate in anti-dumping and trade barriers professional training. Systematic study of the current trade disputes and trade-related intellectual property disputes related to international treaties, U.S. laws and regulations, cases, etc., to obtain the California State University San Bernardino "anti-dumping" and "mediation and arbitration" course certificate.
During his study abroad, Yu visited many American law firms, especially Knobb,Martens,Olson & Bear,LLP law firms located in River Side, which have more than 200 specialized in intellectual property cases, and LLP law firms, which were selected by The American Lawyer (American Lawyer Magazine) in 2005 as the best law firm Greenberg Traurig LLP. Yu deeply felt the degree of specialization of American lawyers, it has strengthened its determination to take the road of specialization and become an expert lawyer.
While providing high-quality legal services to the society, lawyer Yu Peng is enthusiastic about public welfare undertakings, actively returns to the society, and strictly demands himself according to the standards of Communist Party members. He actively participated in legal aid activities to help vulnerable groups in society and insisted on being on duty at the Jinan Disabled Persons' Federation. He has successively represented the "Taishan Feishi Wounding Case", "Jinan Botanical Garden Falling Rock Wounding Case", "Linyi Seesaw Wounding Child Case" and other cases with significant social impact. It has been published in CCTV's "Economy and Law" and "Today's Statement" and Broadcast in the legal professional columns of various provinces and cities. In various donation activities such as disaster relief and donation to school, lawyer Yu Peng always actively participates in donation activities and plays a leading role.
"Be a lawyer first", "A lawyer is a career", "Specializing in technical fields, being a professional and expert lawyer" are exactly the goals he has been pursuing tirelessly!
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