Email: cwling@dvc.hk

Ling Chun Wai

  • LLB (U.Lon)
  • LLM (Cantab)
  • Diploma in EU Competition Law (King's College London)
  • Tel: +852 2826 7065

Year of call

  • 1996 (England and Wales)
  • 1996 (Hong Kong)

Practice areas

Professional Negligence

Ling Chun Wai is recognised as Spotlight in the fields of Intellectual Property.

Ling Chun Wai of Des Voeux Chambers devotes a significant proportion of his broad civil and commercial practice to IP issues, offering experience in all areas of the discipline, handling both contentious and non-contentious issues, but being particularly active on trade mark-related mandates. Ling is praised as "certainly one of the well-known juniors in the field. He's a safe pair of hand who knows the law quite well."


Chambers & Partners: Greater China Region (2023)

Ling Chun Wai is accredited as a Leading Junior in the fields of Intellectual Property.

‘His wealth of knowledge and practical approach is impressive. He is able to understand client’s concerns quickly and provide pragmatic options. His advocacy in court is to the point and persuasive.’


Legal 500 Asia Pacific: Hong Kong Bar (2023)

Chun Wai Ling  is praised for his "deep knowledge of both IP law and dispute resolution," and is commended for being "extremely busy and one of the IP experts.” He is also noted for being "an obvious name to put on the list." He is "approachable and responsive" and a "highly commercial and pragmatic" barrister who pays "strong attention to detail." Ling devotes a significant proportion of his broad civil and commercial practice to IP issues, offering experience in all areas of the discipline, handling both contentious and non-contentious issues, but being particularly active on trade mark-related mandates.”  


Chambers & Partners Greater China Region (2022)

Ling Chun Wai is singled out as a Leading Junior for Intellectual Property.


Legal 500 Asia Pacific HK Bar (2022)

Ling Chun Wai has been recognized by Who’s Who Legal as a “Global Leader” in the field of Commercial Mediation.


Who's Who Legal Global Leaders (2022)

“Hardworking with strong attention to detail, he is highly commercial and pragmatic.” Ling Chun Wai is singled out as a Leading Junior for Intellectual Property.


Legal 500 Asia Pacific HK Bar (2021)

Ling Chun Wai of Des Voeux Chambers is a recommended IP expert and is referenced in World Trademark Review 2019 as “a specialist in civil and commercial cases, and intellectual property is a substantial component of his practice.”


World Trademark Review (2019)

Ling Chun Wai of Des Voeux Chambers represents parties in a diverse array of commercial and administrative cases and is a seasoned pro in IP, particularly trademark, disputes.


World Trademark Review (2018)

Profile

CW received his legal education in England, having obtained an LLM degree (First Class) from the University of Cambridge before serving pupillage in Hong Kong. Called to the English and Hong Kong Bar in 1996, he has been a member of Des Voeux Chambers since 1999. He completed a Diploma in EU Competition Law at King’s College London in 2018.

As a barrister, CW’s practice encompasses a broad range of civil and commercial matters including banking, insurance, insolvency, land, securities, companies, trusts, administrative law, disciplinary inquiries and professional negligence. A versatile practitioner, he appears regularly in all levels of courts and other tribunals. He has recently advised several Hong Kong and PRC companies in dealing with requisitions in connection with their bids to obtain listing status on the Hong Kong Stock Exchange.

CW is a Fellow of the Chartered Institute of Arbitrators. He is registered on the list of arbitrators and the Panel of IP Arbitrators at the Hong Kong International Arbitration Centre. He has appeared as counsel in arbitration as well as sitting as a sole arbitrator and a member of a tribunal. He acts regularly for listed companies, financial institutions and governmental bodies. As an accredited mediator (HKMAAL), he also regularly acts as a mediator in commercial and IP cases.

  • 造梦者 Infinitus & Device, TMA 303505987, 20 July 2020. Successfully resisted an opposition to an application to register a device mark before on the ground of bad faith.
  • Monster Hunt TM, TMA 303670623AB, 8 January 2020. Successfully resisted an opposition to an application to register a bilingual mark before the Registrar of Trade Marks.
  • Mathnasium Center Licensing LLC v. Chang Chi Hung [2021] 1 HKLRD 188. First case of its kind where defendant who signed a statement of truth in relation to a defence containing a false admission.  Committal order overturned on appeal.
  • Louis Vuitton Malletier v. Cuvee XLV French Wine Ltd [2019] HKCFI 1963. Obtained judgment for a fashion house in the first full-blown trial before the IP Judge in Hong Kong against a wine trader for infringement of a well-known trade mark.
  • Xcelcom Ltd v. BGI-Hong Kong Co Ltd [2017] 1 HKLRD 421. Acted for the patentee in one of the first cases in Hong Kong involving infringement of a biochemical technology patent in an application for interlocutory injunction.
  • Acted for a main contractor in dispute with joint venture partner in a casino development (with Philip Boulding QC) (2015)
  • Nokia Corporation v. TCT Mobile [2014] 2 HKLRD 43. In the context of a dispute under a patent license agreement, the case raised interesting issues of specific discovery where the licensor (represented by CW) sought documents to prove royalties due under the agreement.
  • Acted for an architectural firm in professional negligence dispute with a university (employer) (with Ian Pennicott QC) (2013)
  • CSS Jewellery Co Ltd v. Registrar of Trade Marks [2010] 1 HKC 563. A trademark dispute between two undertakings with common historical origins, this was the first court case in which the doctrine of honest concurrent use was examined in the context of the new Trade Marks Ordinance.
  • Peconic Industrial Development Ltd v. Lau Kwok Fai & Others (2009) 12 HKCFAR 139. CW was the junior in this ground-breaking case in a common law jurisdiction regarding the applicability of limitation periods to dishonest assistance claims, in this case, against a fraudulent solicitor.
  • Oriental Sharp Ltd v. Hong Kong Housing Authority [2008] 3 HKLRD 508. CW acted for a developer in a major claim for losses in the wake of the Government's disastrous subsidised housing policy decision in 1998.  The case raises nice issues of interpretation of the terms of a government grant and economic torts.
  • Lion Capital LLP v. Registrar of Trade Marks [2011] 1 HKLRD 272. Representing the Registrar of Trade Marks, CW defended an appeal from the Registrar's decision based on conflict with a similar earlier mark.

In addition, CW has taken part in many international arbitrations administered by the HKIAC in cases concerning commercial disputes, technology transfer, business secrets and patent infringement.

  • Chairman, Mediation Committee, Hong Kong Bar Association (2022-now)
  • Member of the Panel of Arbitrators for the Shenzhen Court of International Arbitration (2022)
  • Deputy Judge of the District Court, HKSAR (Feb 2022)
  • Member, ICC-HK Nominations Commission (2022-)
  • Chairman, Appeal Tribunal Panel, under Buildings Ordinance (Cap 123) (2021-)
  • Member of the Board of Revenue (Inland Revenue Ordinance) from 1 January 2021
  • HKIAC Domain Name Dispute Resolution Panel from December 2020
  • Chairperson, Hong Kong Mediation Council, Hong Kong International Arbitration Centre (HKIAC) (2019-2020)
  • Fellow of the Chartered Institute of Arbitrators (2008-)
  • Deputy Judge of the District Court, HKSAR (Dec 2015)
  • Vice-chairperson, Mediation Committee, Hong Kong Bar Association (2018-)
  • Vice-chairperson, Committee on Intellectual Property, Hong Kong Bar Association (2020-2021)
  • Member, Standing Committee on Overseas Admissions, Hong Kong Bar Association (2015-)
  • Member, Standing Committee on Discipline, Hong Kong Bar Association (2016-)