2017年12月20日，由杨荣宽律师团队代理的毕马威国际（KPMG INTERNATIONAL ）、毕马威中国的相关成员所及国家行政管理总局商标评审委员会商标异议、复审、诉讼等重大商标争议案，历时9年，最终委托人（毕马威国际）诉求获得全部支持，商评委复审决定被撤销。
在此，我们还需要重点一提的是，在卡思黛乐兄弟简化股份公司（CASTEL FRERES SAS）与李道之、上海班提酒业有限公司的“卡斯特之战”中，赔偿金额由3373万元到50万元的大逆转，杨荣宽律师带领团队付出了多少心血，旁人是不能完全感同身受的。
媒体这样评价道：该案为葡萄酒行业迄今为止最大商标侵权案，法国卡思黛乐兄弟简化股份有限公司（即原卡斯特兄弟简化股份有限公司，CASTEL FRERES SAS）最终赔偿李道之、上海班提酒业有限公司50万元人民币。这一结果不得不说是一个“大逆转”！因为之前在温州中院、浙江高院的两次判决结果都是判定法国卡思黛乐兄弟简化股份有限公司赔偿李道之、上海班提酒业有限公司3373万元人民币。而本次最高人民法院的最终判决结果仅50万元的赔偿，与之前的判决金额相差甚远。从3373万元到现在的50万元的赔偿结果，法国卡思黛乐兄弟简化股份有限公司虽负犹胜，甚至从某种程度上来说可以算是取得了一场“大胜利”。而这一案件对整个知识产权界也是一个年度大事件，影响相当深远。而在这起备受关注的“卡斯特之战”中，代理该案在最高人民法院提起再审的主办律师杨荣宽更是功不可没。我们进一步了解到，当事人（法国卡思黛乐兄弟简化股份有限公司）在温州中院作出一审判决、浙江高院维持原判的情况下，其并未抱很大信心，当事人也认为这个案件几无翻案可能，但他的不自信反而激励了杨荣宽律师。“一定要啃啃这块硬骨头”，杨荣宽律师暗下决心。后经认真审查进出口单据、主体文件，终于发现案件突破口。当最高人民法院法官宣读终审判决，赔偿金额为50万元人民币，法国卡斯特代表听到这个数字时，其喜悦之情可谓是溢于言表。
秘鲁总统Pedro Pablo Kuczynski，香港特首林郑月娥（Carrie Lam Cheng Yuet-ngor），墨西哥总统培尼亚、新西兰总理Jacinda，澳大利亚总理Malcolm ，巴布亚新几内亚总理Peter，马来西亚总理纳吉布，分别参加商务领袖峰会对话。
Based in China and oriented to the world-being a kind lawyer
An interview with Lawyer Yang Rongkuan, Senior Partner of Beijing Kangda Law Firm, Doctor of Laws
Since the beginning of the 21st century, with the progress of science and technology, and the upgrading of industries, economic globalization has become a major trend of global economic development. It can be said that for any country or enterprise to develop in the new era, and become a future leader of economic development, it must see the world and formulate its strategy, and adapt to the trend of economic globalization with a global vision. Currently, “the market economy is the rule of law economy” is already a common understanding of the industry, and lawyers are playing an increasingly crucial role in healthy and orderly economic and social development. This group is essential to economic and social progress, and social stability. With the further implementation of China’s “going global” strategy, and “Belt and Road” initiative, Chinese lawyers are appearing on the global stage more frequently, and their voice at international conferences is increasingly loud……
In August 2018, the “2017 Top 10 Chinese Lawyers in Business Dispute Settlement” selected by www.zgswcn.com/legal and China Business Herald News Weekly were revealed, and the leading character of this article – Lawyer Yang Rongkuan, Senior Partner of Beijing Kangda Law Firm – was one of them. We have interviewed this doctor of laws who specializes in tackling tough cases again.
Chinese lawyers should stick to the rule of law spirit, and protect lawful rights and interests of foreign enterprises in China according to law.
In the past 40 years of reform and opening, as China expands cooperation and exchanges with foreign countries, a large number of foreign enterprises have entered China for business operations, bringing new technologies, concepts and experience, and becoming a non-negligible force in economic and social development. As the saying goes, justness is the lifeline of the rule of law. Lawyer Yang stresses, “As a Chinese lawyer, I should protect lawful rights and interests of foreign enterprises in China according to law, and carry forward the rule of law spirit to show China’s resolution and confidence of ruling by law.”
According to the author’s investigation, there have been many classical cases of protecting lawful rights and interests of foreign enterprises in China according to law in Lawyer Yang’s career, in which lawful rights and interests of clients were protected, and the rule of law spirit of a great power was carried forward.
In 2000, EMC Corporation in Italy was imposed an administrative penalty of RMB30 million by the environmental protection bureau of a city in Shanxi Province. Lawyer Yang was appointed by EMC Corporation to argue strongly on just grounds in the first and second trials of the administrative proceedings. The court finally revoked the administrative penalty decision, and the client became more confident in China’s judicial environment as its lawful rights and interests were finally protected.
KPMG is an agency specializing in auditing, taxation and consulting services with a global network. As the legal advisor to its Chinese branch, Lawyer Yang’s team from Beijing Kangda Law Firm has been highly recognized and trusted by the foreign client over these years whether in non-litigious or litigious legal services.
On December 20, 2017, in the major dispute over trademark opposition, review and litigation of the relevant members of KPMG International and KPMG China versus the Trademark Review and Adjudication Board, State Administration for Industry and Commerce handled by Lawyer Yang’s team that had lasted nine years, all claims of the client (KPMG) were finally supported, and the review decision of the Trademark Review and Adjudication Board was revoked.
Lawyer Yang said proudly: “KPMG is the famous name used extensively by KPMG International in the finance and accounting area, and the KPMG trademark has a stable targeted connection with KPMG International and has a prior trademark right. The registration of the opposed trademark infringes on the prior trademark right of KPMG International with a factual and legal basis. Therefore, the support for KPMG in this lawsuit reflects China’s judicial justice.” Lawyer Yang’s team worked hard in the KPMG case, the misrepresentation case of Jinzhou Port, and the Danon vs. Wahaha acquisition conflict.
In view of the outstanding performance of Lawyer Yang’s team in protecting lawful rights and interests of foreign enterprises, foreign enterprises like Deloitte Touche Tohmatsu Certified Public Accountants LLP, CNP Assurances, Yoshinoya, RedBull Thailand, Castel Freres SAS in France, and AstraZeneca Investment (China) Co., Ltd. appoint Lawyer Yang’s team as their legal adviser to offer litigious and non-litigious legal services.
It is noteworthy that in the “Castel War” of Castel Freres SAS versus Li Daozhi and Panati Wine (Shanghai) Co., Ltd., the amount of compensation dropped dramatically from RMB33.73 million to RMB500,000. Others cannot feel personally how much effort Lawyer Yang and his team paid.
According to a media report, the Supreme People’s Court judged in January 2016 that Castel (France) should finally pay RMB500,000 in compensation to Li Daozhi and Panati Wine (Shanghai) Co., Ltd. This final judgment put a perfect end to the decade-long “Castel War”.
The press commented like this, “In this ever-largest trademark infringement case in the wine industry, Castel Freres SAS finally paid RMB500,000 in compensation to Li Daozhi and Panati Wine (Shanghai) Co., Ltd. This result is absolutely surprising!” The two prior judgments made by the Wenzhou Municipal Intermediate People’s Court and the Zhejiang Provincial Higher People’s Court were that Castel Freres SAS should pay RMB33.73 million in compensation to Li Daozhi and Panati Wine (Shanghai) Co., Ltd., while the final judgment of RMB500,000 only entered by the Supreme People’s Court differed significantly. Castel Freres SAS seemingly lost but actually won, and this in a sense could be considered as a great victory. This case was an annual event with far-reaching influence for the whole intellectual property community. In this remarkable “Castel War”, Lawyer Yang who brought this case to the Supreme People’s Court for retrial made an indelible contribution. We further learned that the client (Castel Freres SAS) had little confidence in this case when the first-instance judgment made by the Wenzhou Municipal Intermediate People’s Court was affirmed by the Zhejiang Provincial Higher People’s Court, and thought that it was almost impossible to reverse the verdict. Instead, its lack of confidence motivated Lawyer Yang to solve this hard nut. He finally found a breakthrough point in this case after checking the import and export documents carefully. When the Supreme People’s Court announced the final judgment with an amount of compensation of RMB500,000, Castel’s representative showed great joy when hearing that.
Non-litigation and reconciliation is the ideal state pursued by lawyers.
A world-famous drink brand was introduced into a city in Jiangsu Province. The foreign side invested hundreds of millions of RMB to do something great in this consuming country, while the Chinese shareholder transferred the foreign capital to a third party company controlled by it, and their joint venture was on the verge of bankruptcy. The foreign side brought a suit, but lost in the first and second trials because the subject amount was tremendous, the evidence was complex, and the Chinese side had strong local forces.
After Lawyer Yang’s team was appointed by the foreign side, Lawyer Yang said after a rigorous analysis, “Litigation is no longer necessary for this case.” The foreign side was shocked at this. Lawyer Yang went on, “I will negotiate on your behalf.” However, the other side was unwilling to negotiate with him until several rounds of bargaining. During the negotiations, Lawyer Yang stated the course of the case, and the potential legal risks, pros and cons of the other side’s suspected capital withdrawal. His sincerity and generosity impressed the other side. The foreign side planned to settle for taking back half of the investment, but it finally took back the full investment through Lawyer Yang’s struggle. Lawyer Yang made this case non-litigious to reach a compromise between both sides, and the foreign side’s interests were protected.
For another example, a well-known real estate enterprise went into a deadlock in shareholder replacement, Lawyer Yang made the client confident, drove corporate reform and accelerated problem solving with the four measures of strategic investor introduction, acquisition by the management, internal equity transfer and equity reward. Lawyer Yang overcame difficulties and got good results in settling major disputes of Taiwan Shihlien, Yoshinoya, etc. “Every foreign-related case is unique and complex, and the settlement of each dispute is growth for me.”
Lawyer Yang has many unexpected, unique, flexible yet simple ways that often proved surprisingly effective. He always acts changefully but on the same principle. His catch phrase is “There are always more solutions than difficulties.” This simple sentence shows his strong confidence and power, and reassures every client and team member.
“The law is not only a tool, but also our inner faith. In fact, litigation is very cruel. As lawyers, our greatest hope and ultimate goal is not winning lawsuits but eliminating litigation,” exclaimed Lawyer Yang.
Protecting outgoing Chinese enterprises is an imperative obligation of Chinese lawyers.
The “going global” strategy of Chinese enterprises began with the promulgation of the Outline of the Tenth Five-year National Economic and Social Development Plan in 2001. Over these years, the central leadership and local governments have been seeking paths of development in order to implement this strategy more effectively. In this process, remarkable achievements have been made at heavy costs. However, we must be integrated into the global market economy system to go further. In 2013, the state proposed the “Belt and Road” initiative, inspiring Chinese enterprises to participate in international cooperation and competition, and the Chinese economy to be integrated into the global market.
During November 8-10, 2017, the 2017 APEC Economic Leaders' Meeting was held in Danang, Vietnam. Economic leaders from APEC member economies, including China, the U.S., Australia, Chile, Malaysia, New Zealand, Papua New Guinea, Peru and the Philippines, and delegates of over 2,000 transnational corporations and 800 Vietnamese enterprises were present. (Note: Founded in 1989, the APEC is a an important organization through which Asian-Pacific countries and regions seek to strengthen multilateral economic connections, exchanges and cooperation, and also the highest-level and most influential regional economic organization in the Asia-Pacific region.)
Vietnamese President Tran Dai Quang delivered a speech at the opening ceremony of this summit, saying that the Asian-Pacific business community played a pioneering role in new technologies, energy, business cooperation, and new-generation trade and investment modes.
Peruvian President Pedro Pablo Kuczynski, Chief Executive of Hong Kong Carrie Lam Cheng Yuet-ngor, Mexican President Pena, Prime Minister of New Zealand Jacinda, Prime Minister of Australia Malcolm, Prime Minister of Papua New Guinea Peter, and Malaysian Prime Minister Najib attended the business leaders’ summit dialogue.
U.S. President Trump gave the keynote speech “Healthy Trade Relations Based on Fairness and Equity”.
Chinese President Xi Jinping made the keynote speech “Seizing the Opportunity of a Global Economy in Transition and Accelerating Development of the Asia-Pacific”, stressing that, “We live in a fast changing world, and the global economy is undergoing more profound changes. We must advance with the trend of times, live up to our responsibility and work together to deliver a bright future of development and prosperity for the Asia-Pacific. We will promote the implementation of the Belt and Road Initiative, adopt policies to promote high-standard liberalization and facilitation of trade and investment, and establish a global network of free trade areas. This is a new journey toward a better life for the people. All of our people in the Asia-Pacific deserve peace, stability and prosperity; and all of us in the region should jointly deliver a bright future for the Asia-Pacific. Partnerships based on mutual trust, inclusiveness, cooperation and mutual benefit: This is what keeps our big Asia-Pacific family together and ensures the success of Asia-Pacific cooperation. Let us take solid steps to promote cooperation and usher in an even brighter future for the Asia-Pacific!”
Lawyer Yang was invited to attend the summit as a guest, and established high-level and extensive connections with the parties concerned. It is learned that Lawyer Yang’s team has provided efficient, professional, rigorous and trustworthy legal services to numerous APEC transnational corporations for many years, and won extensive praises in the industry.
In May 2018, Lawyer Yang visited Indonesia, and was invited to attend the China-Indonesia Business Summit. Other high-level international conferences and summits that he was invited to attend include without limitation the 2017 China-Salvador Trade and Investment Forum, 8th International Capital Conference and International Business Dispute Resolution Forum, China-Portugal Business Opportunity Forum for Enterprises, 8th “Belt and Road” Eco-Agriculture and Food Safety Forum, Keynote Session of the 20th China Beijing International High-tech Expo, 6th World Business Leaders (Kunshan) Conference, China-Vietnam Economic and Trade Cooperation Forum, inaugural meeting of the China-Mongolia Business Council, and China-Philippines Economic and Trade Cooperation Forum.
In addition, Lawyer Yang has kept writing, and published a number of professional articles, such as Some Land Regulation Issues in Cross-Border Investment in Indonesia, Transparency Trend and Confidentiality Weakening in International Commercial Arbitration—Analysis and Response, Economic Analysis of Third Party Funding in International Commercial Arbitration, Legal Considerations of Confidentiality in International Commercial Arbitration, Value Consideration and Cross-border Investment of Environmental Product Protocols, Dissimilation of the Exemption of the Guarantee Liability in Difficult Commercial Litigation, Review of Commercial Disputes in and Study on the Judicial Practice of Valuation Adjustment Mechanisms, Analysis of the Impact of the Amendment of Limitation of Action on Commercial Litigation in the General Principles of the Civil Law, Dialectics and Application of Exterior Right Theory in Difficult Commercial Litigation—Judicial Practice of Equity Dominance and Recessiveness, Consideration and Reference of the Arbitration Rules of the Singapore International Arbitration Centre, generating new influence in the commercial field, and presenting thoughts ingeniously in the settlement of international commercial disputes.
Lawyer Yang said: “Protecting outgoing Chinese enterprises is an imperative obligation of Chinese lawyers.”
British jurist McLean said: “The good heart is the best law.” A good heart can touch, warm and educate others, because a good lawyer would always deliver the warmth of laws and justice with his/her heart. Lawyer Yang’s goodness is everywhere. His team members said, “When dealing with people or matters, or even answering strange calls, Lawyer Yang always smiles, and never reproaches others. When handling lawsuits, Lawyer Yang wants to settle disputes first. For any cause that is not necessarily brought to court, he would tell the client frankly that a lawsuit not only consumes money and time, but also wastes judicial resources. Of course, he would offer a better solution to solve the problem as soon as possible at his best. When no suit is brought, Lawyer Yang loses a considerable attorney fee, but wins the respect and trust of the client” In this June, Lawyer Yang will also be responsible for the establishment of the Hong Kong office of Beijing Kangda Law Firm. He never stops working.
Right! The good heart is the best law. For Chinese lawyers of the new era, the good heart is the most effective pass whether in China or the world.