Decheng Li

Practice Areas

E-COMMERCE, INTELLECTUAL PROPERTY, ANTI-UNFAIR COMPETITION, LITIGATION AND ARBITRATION

Experience

Li Decheng specializes in advising clients on PRC policies, laws and regulations affecting the fields of information communication, electronic commerce, cultural media, publication innovation, network games and the cartoon industry. Mr. Li assists clients in structuring investment plans and affiliated transactions so as to minimize legal risks and policy restrictions and he has provided legal plans for investment and cooperation, as well as operation risk control strategies, to numerous clients from the US, Germany, Korea, Japan and Taiwan.

Mr. Li is an expert in both litigation and non-litigation legal services for the software and database industries, and is recognized as one of the foremost PRC lawyers in these fields. He has represented clients in many matters, litigated and otherwise, involving infringement of large-scale database analysis software, industrial management control software and large-scale equipment embedded software in the energy and chemical industries as well as in the financial and insurance industries. He has recognized expertise in the fields of information network services and electronic and software products antitrust law, and has significant experience in judicial and administrative antitrust enforcement.

Mr. Li has represented Baidu in several complex litigations having international impact, including Baidu’s response to the MP3 Search case filed by seven international music companies. He has conducted extensive research on copyright, unfaircompetition disputes and the legal protection of trademarks, in the on-line environment. He has also presided over many unexpected emergencies in connection with the intellectual property of well-known information network enterprises, and has significant experience.

In the financial services field, Mr. Li advises many major financial institutions, including China Development Bank, in specialized areas such as the protection of intellectual property rights to innovative financial products, and the construction of innovation systems in the financial industry.

His practice includes advising clients on matters concerning well-known trademark protection, trademark strategy formulation and implementation. Mr. Li has extensive experience handling disputes on copyright, trademarks and unfair competition in connection with teaching materials and teaching methods, and cases where trademarks, including well-known trademarks, conflict with the appellations and labels of publications, training institutions and training items, as well as cases concerning distribution and promotion. He is also an expert in the design of intellectual property protection systems for publishing companies and legal remedies for publishers in the information network context.

In the biological medicine, energy and chemical industries, Mr. Li has significant expertise relating to technology contract and patent disputes. He acts as legal consultant for a variety of life science, biological chip, military medicine and pharmaceutical groups, and is particularly experienced in both litigation and non-litigation matters concerning generic drugs.

Mr. Li is an authority in the advertising industry, and has participated in a series of legislation and law amendment activities in that field. He specializes in investment cooperation projects in the advertising industry, and in structuring participation in media operations through advertising. He also regularly counsels clients on risk management in connection with advertising in sensitive fields.

Work Highlights

■ Network copyright/network unfair competition

· Represented Baidu in its response in the “MP3 search case” filed by seven international music companies. The focus of the case lay in whether the MP3 search engine service provided by Baidu constituted infringement, and advanced China’s legislation on individual data protection and the safeguarding of information security by judicial means. Mr. Li won the case for the client in the first and second trial.

· Represented Kaspersky (Tianjin) Technology Co., Ltd in its winning case against Beijing Rising S&T Co. for network unfair competition

Information communication/cultural media/network game industry

· Represented Lu Feng in its suit against Microsoft (China) Co., Ltd. regarding infringement of consumers’ rights and interests The case addressed the legitimacy of the activities of collecting and using personal information materials by Microsoft (China), and was a public-interest litigation case with significant international impact.

■ Software/database industry

· Represented Beijing Kaspersky Lab Technology Co. in responding to a series of anti-virus software infringement claims filed by Wuxi Wanhua Data Technology Co., Ltd and Dalian Dayou Wutao Yiyuyan Software Development Co.

■ Copyright, trademark and unfair competition

· Represented Jiangsu Lianhuan Pharmaceutical Co., Ltd in responding to a trademark infringement claim filed by Pfizer Pharmaceuticals Limited and participated in the second trial.

· Represented Huaneng Corporation in a trademark infringement and unfair competition case filed by China Huaneng Corporation against Beijing Huaneng Universal Consulting Co.