Can Lu
Lu Can Associate
Capital Markets
Compliance and Risk Management
Dispute Resolution
IP and Technology Innovation
Detailed introduction
Mr. Can Lu is a senior IP attorney, a PRC certified patent attorney, and a member of Intellectual Property practice of Dentons Shanghai Office. Mr. Lu has solid experience in the field of IP. He has handled dozens of litigious and non-litigious matters relating to patents, trade secrets, trademarks, copyright and other IP rights.
Mr. Lu graduated from Chicago-Kent College of Law, Illinois Institute of Technology in the United States with an LL.M degree in International Intellectual Property Law (with high honors), and received an LL.M. degree from East China University of Political Science and Law and a B.Eng. degree from East China University of Science and Technology in China.
Before joining Dentons Shanghai Office, Mr. Lu worked in law firms and a company in China.
PATENT
- Represented Waggonbau Elze GmbH & Co., Besitz KG in suing Singamas Container Holdings Limited Shanghai Office (with Shanghai CIMC Reefer Containers Co., Ltd.) for infringing upon its patent for the “automatic drainage device for cargo containers"" invention
- Represented Hangzhou Kuaikai Hi-Tech Co., Ltd. in responding to a action initiated by Hangzhou Linda Chemical Technology Engineering Co., Ltd. for infringement upon and invalidation of the patent for “an internal component of the synthetic tower of a new catalyst basket cover-cylinder sealing structure” (Linda's patent was declared invalid)
- Represented Shanghai Autork Digital Instrument Co., Ltd. in responding to a series of actions initiated by Rotork Controls Limited for infringing upon Rotork's trade dress patents, trademarks and copyright
- Represented the patent holder Mr. liu in suing Shanghai Yilida Enterprise Development Co., Ltd. for infringing upon his patent for ""rechargeable electric hot water bags""
- Represented Shanghai Huayun Media Co., Ltd. in a patent invalidation action concerning an “independent floor full-color LED dynamic outdoor advertising device"" (The Patent Reexamination Board of the SIPO ruled that the challenged patent remains valid)
- Represented the patent holder in a series of actions arising from infringement upon the utility model and trade dress patent for a “crystal lamp holder”
- Represented Mr. Ren and Shanghai Motu Information Technology Co., Ltd. in a series of patent application and ownership dispute actions against Mr. Zhang
- Provided legal opinions (patent infringement analysis and patent validity assessment) regarding a “large chemical reactor and related production process” project for China Shipbuilding Industry Corporation 711 Research Institute
- Provided legal opinions (patent infringement analysis and patent validity assessment) regarding a""polysilicon""project for Jiangsu Zhongneng Polysilicon Technology Development Co., Ltd., a wholly-owned subsidiary of GCL-Poly Energy Holdings Limited, a listed company in Shanghai
- Provided legal opinions (patent infringement analysis) regarding a""multimedia player""project for Shanghai Singa Media Co. Ltd.
TRADE SECRET
- Represented Shanghai Engineering Machinery Co., Ltd. in criminal and civil actions concerning trade secrets in “tubular diesel hammerr” manufacturing technology
- Represented the defendant in a trade secret criminal action concerning the manufacturing technology of a “polyurethane device” of Wuhan Light Industry Machinery Factory
- Represented the defendant Pingdingshan Aosida Chemical Assistant Factory in a trade secret civil action concerning the manufacturing technology of a “naphthalene based superplasticizer""
- Represented Shanghai Lvwei Environmental Protection Technology Co., Ltd. in a trade secret civil action concerning its manufacturing technology of a “cyclone”
- Represented ZTE Corporation in a trade secret action concerning mobile software (at the evidence preservation stage with AIC)
- Represented Shanghai Shefu Surface Treatment Technology Co., Ltd., a wholly-owned subsidiary of France-based HEF, in a trade secret criminal action concerning the “metal surface treatment” technology (under the investigation by the public security organ)
- Represented a Shanghai-based company in a trade secret criminal action concerning the manufacturing technology of a ‘rotating joint’ (under the investigation by the public security organ; successfully persuaded the public security organ out of holding the client criminally liable)
TRADEMARK AND UNFAIR COMPETION
- “ACE"" trademark administrative action
- Opple Lighting Co., Ltd.’s curbing copycatting of trademarks (administrative, civil and criminal cases)
- “Jingrui Education” trademark infringement and unfair competition action
- “Intelligent School” trademark infringement and unfair competition action
- Represented Shanghai Ezaki Glico Foods Co., Ltd., a subsidiary of the Japanese company Glico in Shanghai, in an unfair competition action concerning the unique packaging and design of the well-known “Glico Vegetable Snake"" product, which was the first action concerning the unique ""series"" of packaging and design of a well-known product
- Represented Shanghai Foxtown in an unfair competition case filed by Silvio Tarchini
COPYRIGHT
- Represented Shanghai Shengnuo Packing Products Co., Ltd. in a series of copyright infringement actions regarding mooncake packages
- Represented Shanghai Zhenlong Network Technology Co., Ltd., a subsidiary of Netherlands-based Spil Games in Shanghai, in a series of software copyright disputes
- Represented the Bund in a copyright infringement case regarding photography works
- Issued legal opinions on the legality of setting up a movie social networking website
- Issued legal opinions on the legal risks of using the designs of outdoor buildings in the game software
OTHER IP MATTERS
- Represented YONHO in a franchise contract arbitration case (the Shanghai Arbitration Commission issued an arbitral award in favor of YONHO)
- Represented Shanghai Diesel Engine Co., Ltd. in a dispute over compensation for work-related inventions
- Represented the holder of the domain name “ruggedcom.com.cn"" and ""ruggedcom.cn"" in a domain name dispute (The CIETAC Domain Name Dispute Resolution Center dismissed the applicant’s request)
- ""Ruggedcom"" trademark opposition dispute
- 2012 LL.M. in International Intellectual Property Law (with high honors), Chicago-Kent College of Law, Illinois Institute of Technology, USA
- 2004 LL.M. in Civil and Commercial Law, East China University of Political Science and Law
- 2001 B.Eng. in Chemical Engineering and Technology, East China University of Science and Technology
- 2016 - date Attorney at Law, Dentons Shanghai Office
- 2014 - 2015 Associate, Shanghai Lee, Tsai & Partners
- 2012 - 2014 In-house Legal Counsel, Opple Lighting Co., Ltd.
- 2006 - 2012 Associate, Shanghai Hailyare & Partners Law Firm
- 2004 - 2006 Paralegal/Associate, Shanghai Tianhong Law Firm
- PRC licensed lawyer
- PRC certified patent attorney
- On the Patent Protection Trends in the US in light of the eBay Case: On the “Cessation of Patent Infringement” Liability in China, Electronics Intellectual Property, 2006/9
- The Extraterritorial Effect of Software Patents - Microsoft Corporation v. AT&T Corp, Electronics Intellectual Property, 2007/6
- Doctrines of Determining Design Patent Infringement Returned to Their Original Nature: Egyptian Goddess, Inc. v. Swisa, Inc., Business Manager, 2009/14
- On ""Product-by-Process Claims"" - From an Perspective of American Law, Technology and Law, 2010/2
- Issues regarding Trade Secrets Criminal Protection, Symposium of Shanghai Intellectual Property Protection through Criminal Law (2005)
- Cautious Use of Criminal Penalty in Intellectual Property Protection - Seminar Focusing on Trade Secrets Criminal Protection, Chinese Lawyer, 2004/12
- Filling Gaps - Removing Latent Ambiguities in China's Doctrine of Equivalents (Master thesis, Chicago-Kent School of Law)
- Doctrines of Determining Patent Infringement (Master thesis, East China University of Political Science and Law)
- Equivalency of Means-Plus-Function Limitations and Doctrine of Equivalents
- Exploring the First Unfair Competition Case concerning a Unique ""Series of"" Packaging or Design of a Well-Known Product – the Glico Vegetable Snack Case