Professional profile
About Liu
Partner | Intellectual property, plant variety rights, unfair competition, commercial disputes
Liu Zhipeng is a partner in Tongshang Law Offices’ Changsha office whose practice focuses on intellectual property and complex civil and commercial disputes. His official profile states that he studied under leading Chinese intellectual-property scholar Wu Handong and has worked in IP and commercial legal practice since 2008. Multiple matters handled by Liu have been selected as typical cases by the Supreme People’s Court and provincial or local higher courts.
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Liu’s practice is particularly relevant to Hunan’s agricultural-technology and seed sectors. His official representative matters include a plant-variety-right infringement case involving a seed research institute that was selected among the Supreme People’s Court’s 2021 major IP cases and plant-variety-right protection cases. Plant variety rights are a specialized form of intellectual property where the disputed material, reproduction method, sales channel and varietal identity all matter.
A seed-company dispute differs materially from a conventional trademark or patent case. The right covers an authorized plant variety and specified acts involving propagating material, while the evidence may consist of seed samples, field production, genetic or phenotype testing, sales records and licensing documents. A distributor who was previously authorized to sell seed can later become an alleged infringer if it reproduces, procures or sells protected material outside the license.
Liu’s representative work also includes unfair-competition litigation involving the commercial use of the name Yuan Longping. That experience adds relevance to agricultural brands and commercial reputation, where plant variety rights may sit alongside trademarks, trade names, publicity interests or misleading marketing. A seed company may need several rights to protect a product line effectively.
His broader IP disputes practice is useful because enforcement often requires choosing the right claim rather than asserting every available theory. Plant-variety-right cases can raise questions about what constitutes propagating material, whether the defendant’s conduct amounts to production or sale, whether a license existed and how damages should be calculated. The Supreme People’s Court’s 2021 judicial interpretation on plant-variety-right disputes provides detailed rules on these questions.
Liu’s experience with cases recognized by higher courts suggests familiarity with building an appellate record and handling disputes whose legal significance extends beyond one transaction. Agricultural IP disputes can be technically complex and commercially sensitive because injunctions may affect planting seasons, distribution networks and downstream farmers.
For seed and agricultural-technology companies, evidence preservation is critical. Suspected infringing seed may be sold through dealers, agricultural markets or online channels. The right holder needs a reliable purchasing and sampling process, documentation of the seller and evidence tying the material to the protected variety. A poorly preserved sample can undermine an otherwise strong case.
Licensing is another important dimension. Research institutes and seed companies may co-own or license plant variety rights. The 2021 judicial interpretation addresses co-ownership and transfer issues. A company should confirm that its license or assignment gives it the enforcement rights it expects before commencing litigation.
Liu’s commercial-dispute experience also matters where the IP conflict grows out of an earlier distribution or cooperation agreement. The defendant may argue that continued use was authorized, that payments created an implied license or that the parties agreed to different territories. Contract records should therefore be reviewed alongside statutory IP rights.
Plant-variety-right litigation also requires careful treatment of licensing chains. Agricultural technology often moves from a research institute to a seed company and then through regional distributors. The defendant may have been lawfully authorized at one point but later exceeded territory, quantity, generation or reproduction limits. The legal team needs to reconstruct the license rather than assume every sale after termination is automatically infringing.
Liu’s unfair-competition experience is relevant because seed products are marketed through names, packaging, breeder reputation and dealer networks as well as through the protected biological material itself. A dispute can therefore involve several distinct interests. The company should avoid confusing those rights, but coordinated enforcement may be necessary where misleading marketing and unauthorized propagation occur together.
The evidentiary demands of agricultural IP are also unusual. Seed identity may need technical testing, while sales evidence can be seasonal and dispersed through rural dealers. A right holder benefits from a litigation plan that captures product samples, transaction evidence and chain of custody before the planting season changes the factual landscape.
His experience in cases recognized by the Supreme People’s Court and higher courts adds relevance to questions of statutory interpretation. Plant-variety-right law continues to develop through specialized judicial rules and appellate decisions. Counsel needs to distinguish settled rules from arguments that depend on the particular biological material and commercial conduct.
Liu’s plant-variety-right experience is also relevant to preventive portfolio management. Seed and agricultural-technology companies benefit from aligning registrations, breeder agreements, commercialization licenses, dealer controls and evidence-retention systems before infringement occurs. A right that is technically strong can still be difficult to enforce if the company cannot reconstruct the chain from breeder to registered owner to commercial licensee.
His broader commercial-disputes practice matters where the IP conflict grows out of a long-standing distribution or cooperation relationship. The former distributor may raise payment, inventory, territory or implied-license defenses that cannot be resolved solely through the plant-variety-right certificate. Counsel therefore needs to integrate contract history with the specialist IP claim while keeping the legal theories distinct.
Capability
Intellectual Property Experience
- Intellectual PropertyPrimary
