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Andrew Sim

Andrew Sim

Partner
Baker & McKenzie LLP
Not admitted to practice law in this jurisdiction

Biography

Mr. Sim is the Office Lead for Consumer Goods and Retail Industry in Beijing Office. His practice area includes product recall, consumer complaints, franchise registration, product quality issues and breaches of advertiser regulations. Mr. Sim heads the Food and Beverage (F&B) Industry practice group and advises on all F&B related areas, including consumer, regulatory, food safety, advertisement as well as internet laws and regulations. He also heads the Plant Variety Rights practice, which includes registration and enforcement of plant breeders' rights.

Practice Focus

Mr. Sim's practice focuses on IP protection and enforcement in China, including assisting clients to strategize their IP rights and directing anti-counterfeiting operations as well as providing advice on licensing and commercial IP issues and agreements. His practice also includes domain name, Internet and technology laws.

Representative Legal Matters

  • Advised Starbucks Corporation on obtaining judicial well-known recognition of their trademarks in Shanghai, Beijing and Supreme People's Court, as well as well-known trademark recognition in the PRC Trademark Office and PRC Trademark Review and Adjudication Board.
  • Advised Starbucks Corporation on its partnership agreement with Chinese leading food and beverage producer Tingyi Holding Corp.to manufacture and expand the distribution of Starbucks ready-to-drink products throughout China.
  • Successfully filed an administrative complaint for an American fruit breeder and obtained the first punishment decision under the PRC Seed Law. 
  • Advised Harley-Davidson and Assisted with obtaining IP protection of their unregistered trademark in a civil lawsuit before Beijing Intermediate People’s Court and Beijing Higher People’s Court.
  • Advised Hasbro and Assisted with securing their first successful IP infringement lawsuit in Guangzhou. 
  • Advised the Louis Vuitton and obtaining well-known trademark recognitions in the PRC Trademark Review & Adjudication Board, Beijing Intellectual Property Court and Beijing Higher People’s Court.
  • Advised Givenchy and obtaining their first well-known trademark recognition in the PRC Trademark Review & Adjudication Board.
  • Advised Moet Hennessy and Assisted in securing their first successful trademark infringement lawsuit in relation to their 3-D bottle mark in Shandong province.
  • Advised OSIM International and Assisted to defend the design patent invalidation action. Also securing a successful design patent infringement lawsuit against a Chinese infringer in respect of a massage chair product.
  • Conducted successful raid action for Vitasoy in Guangdong Province of China, in which lemon tea drink products, packaging boxes were confiscated. This is Vitasoy's first IP enforcement action in China.
  • Coordinated series of successful criminal raid actions relating to counterfeit coffee products throughout China, results in criminal convictions.

Professional Honors

  • Recommended Lawyer (China: Foreign Firms) - WTR 1000 (2020, 2019)
  • Best Lawyer, Intellectual Property - BestLawyers.com (2019)
  • Trademark Star (China) - Managing Intellectual Property: IP Star (2019)

Professional Associations and Memberships

  • New York State Bar Association - Attorney
  • Law Society of Singapore - Advocate & Solicitor
  • Lincoln's Inn - Barrister
  • Law Society of England & Wales - Solicitor

Admissions

  • Hong Kong (2006)
  • England & Wales (non-practicing)~United Kingdom (2001)
  • New York~United States (2000)
  • Singapore (1998)

Education

  • New York University School of Law (LL.M. Trade Regulation) (1995)
  • University of Westminster (Bar Exam) (1994)
  • University of Leicester (LL.B. Honors) (1993)

Languages

  • Chinese
  • English
  • Malay
  • Mandarin

Previous Offices

  • Hong Kong
  • Shanghai