Lena is Senior Partner at Dakun IP Law Firm, based in Beijing, China.
A qualified Attorney-at-Law since 2008 and Trademark Attorney since 2000, Lena has worked in the field of trade mark prosecution and IP enforcement for 25 years. She says,
“In my practice, which focuses on trade mark prosecution and IP enforcement, I have the privilege of helping entrepreneurs and companies to build and protect their most valuable assets: their brand identities. The most satisfying aspect of my role as an IP attorney is being a brand guardian and problem solver for my clients, as well as a humble contributor to the IP industry.”
Lena believes that participating in the development of intellectual property law is an important element of her career. She explains,
“I contribute as much as I can to the development of IP, drawing on my experience in the field, especially in the trade mark area. I enjoy working in IP development for Chinese national associations and authorities, including assignments for the CTA (Chinese Trademark Association) and the CNIPA (China National IP Administration), as well as with international organisations such as FICPI and AIPPI.”
Adding value to clients
Lena believes that the greatest value her firm brings to clients is a litigator's mindset combined with a business-oriented strategic approach. She explains,
“In Dakun, all our agents are also attorneys-at-law actively involved in enforcement and litigation. With rich enforcement experience, we understand what pitfalls should be avoided at the prosecution stage.”
Understanding clients and their business operations is also essential to the firm’s approach, as Lena shows,
“We study our clients’ businesses and needs in depth, maintain strong communication with them and devise a tailored strategy for their IP applications and prosecutions. In this way, our clients receive a robust, defensible asset crafted to withstand challenges and serve as a powerful tool in commercial disputes, as well a registration certificate.”
A recent challenge
Bad-faith trade mark filing and trade mark infringement featured in a recent interesting case that Lena recalls. She says,
“A number of competitors tried to take advantage of the good reputation of our client’s brands by filing registration for trade marks imitating the client’s trade marks, and selling products with similar packaging. They tried to cloak their infringing activities in legality.”
As the client’s sole IP agency in China, Dakun helped the client devise and action their IP strategy. Continues Lena,
“We filed oppositions and invalidation actions against those bad faith trade marks and also initiated legal action against those competitors, claiming for trade mark infringement and unfair competition, which achieved effective results.”
Dakun has received almost 100 favourable decisions from CNIPA for this client, invalidating or blocking the problematic trade marks. The courts have also ruled in favour of Dakun’s client, stopping infringing activities and awarding damage compensations from the infringers. Lena concludes,
“Such victories serve as a strong warning to competitors and reduce the impact of infringing activities on the client’s business in China.”
Best practice to share with FICPI members
Genuine connection and understanding or “heart-exchanging-heart” is the fundamental of the best practice that Lena chooses to share with fellow IP attorneys in the FICPI global community. She explains,
“We believe in heart-exchanging-heart for both personal and professional life. In our firm, we treat all our clients with care and attention, whether it is an individual, a small business or a big international group.
“We always put ourselves in our clients’ shoes in action-planning and strategy-making. Every case is an important landmark for our clients and they can feel our dedication and sincerity.”
“Good faith is the key to solving issues,” Lena recommends.
The future for independent IP attorneys
Lena sees the IP landscape shifting in many aspects, with the fast pace of technological advances and the changing global environment, and believes IP attorneys have a responsibility to help their clients adapt to this evolution. She explains,
“As an independent IP attorney, our mission is to help our clients adapt to changes and to predict and solve the issues they may encounter in their businesses. In order to achieve that, we must first adapt ourselves.”
Three principles underpin how best to support clients, Lena elucidates:
“1. Keep learning! We should learn from younger generations and not be complacent or arrogant.
“2. Learn how to make use of new technologies.
“3. Create opportunities. When the economy is not as healthy as previously, attorneys must find and create new opportunities.”
She concludes,
“Overall, we shall keep our minds young and positive, and embrace change and challenge as they arise.”
Value of FICPI membership
Lena officially became a member of FICPI International in 2013, although her involvement with the organisation began almost a decade prior to that. She explains,
“I have been involved with FICPI activities since 2004, when a FICPI International delegation came to China to discuss establishing the Chinese national group of FICPI with the Chinese IP society. I was the interpreter for that delegation, and ever since, I have participated in FICPI events – for some years as a non-member, subsequently as a member.”
Lena is currently an active member of FICPI’s Study & Work Group on Trade Marks (known as CET 1 after the French acronym ‘Comité d’Etudes et Travail’).
Prior to that, Lena was chair of the CET 8 Group on Asian Studies.
Reflecting on what FICPI brings to her private and professional sphere, Lena shares,
“What I value most is the friendship and trust received from my FICPI friends. Since joining the FICPI family, I have made many friends and gained their professional trust and support.”
“When I moved from a big IP firm to a boutique small firm to start my own business, I gratefully received encouragement, referrals and cases from many of my FICPI friends. Being a member of the FICPI global family, I know I can always rely on my FICPI peers whenever I or our clients have an issue in their jurisdictions.”
Final word – outside of work
In her spare time, Lena enjoys relaxing with friends and family as well as creating culinary delights in the kitchen, listening to music and reading.
Theatre and cinema delight Lena, and she fully appreciates and relishes her free time, as well as enjoying her professional life.
Favourite sports include combat, tennis and horse-riding.
Lena’s advice for a happy and contented work and personal life is,
“Do everything with your best effort but don’t be too obsessed by anything, in either your career life or your personal life.”
Education & training
2011: Masters degree in IP Laws, Queen Mary, University of London
2008: Qualified as Attorney-at-law
2000: Qualified as Trademark Attorney
2000: Bachelors Degree in Information Management and English, Beijing Foreign Studies University
Professional background
2022 - Present: Senior Partner at Dakun IP Law Firm in Beijing, China
2001-2022: Beijing Sanyou IP Agency Ltd., China
