Lily Xue Dong is a partner in the intellectual property department, specializing in litigation and non-litigation services in various fields including copyright, trademarks, anti-unfair competition, and data competition. She has provided legal services for clients in various industries such as entertainment, sports, arts, internet, software, customer goods and high tech.

Ms. Dong excels in handling complex intellectual property and unfair competition cases. She has extensive practical experience in trademark/copyright infringement, unfair competition among core competitors, infringement of reputation/commercial defamation, etc. Several cases she has handled have been selected as typical cases by courts, industry organizations, and professional journals, such as the first civil case recognizing merchandising rights in China, one of the landmark cases admitting the copyrightability of live sports programming in China, and the first pretrial evidence preservation case since China set up Beijing IP Court.

In non-litigation fields, Ms. Dong is adept at combining a deep litigation perspective with rich experience in foreign-related work, providing high-quality transaction negotiations, contract reviews, compliance consultation, intellectual property system construction, and other related legal services with practical recommendations for domestic and foreign clients.

Since starting her practice, Ms. Dong has been closely monitoring the cutting-edge legal issues in intellectual property, participating in policy proposal drafting, organizing expert seminars, and conducting in-depth legal research for commercial committees and industry associations. Ms. Dong has been invited to share her expertise on intellectual property issues at Peking University and Communication University of China, and new media platforms like TMT Post. She has been interviewed by media such as "Southern Weekend", offering her comments on popular intellectual property events.

Publication

• Combatting genericisation through civil action in China, Co-author, World Trademark Review, May 2023.

• Draft amendment to Trademark Law: streamlining trademark applications, Co-author, World Trademark Review, Feb. 2023

• Is Someone Imitating my Face? A Legal Risk Analysis and Recommendations on AI Face-Swapping Technology, Co-author, Intellectual Property Power, April 2020. 2.

• Legal Professionals' Gossip: When Your 'Husband' Gets Involved in Real-Life Fan Fiction, Co-author, Intellectual Property Power, March 2020. 3.

• Shanghai Commerce Commission's Guidelines on Intellectual Property for Foreign Investment, Co-author, July 2017. 4.

• Animation Adaptation and Merchandising License Contracts, Co-author, Business Law, June 2016. 5.

• Will Paid Reposting Online Welcome a Spring?, Author, China Intellectual Property Report, Issue 1574.

• Excessive Pricing and Standard-essential Patents, Co-author, Managing IP, July/August 2014

TOP 15 China Entertainment Lawyer, LEGALBAND, 2023

Recommended Lawyer, The Legal 500, 2023

Rising Star, Managing IP, 2019

China 30 Under 30 Lawyers, LEGALBAND, 2019

Dispute Resolution

• Represented NBA in copyright infringement and anti-unfair competition cases, including the first civil case recognizing merchandising rights in China, awarded as “2018 TOP 10 Internet-related Cases” by Guangdong High People’s Court, “2018 TOP 10 Classic Civil & Administrative Cases” by Guangzhou IP Court, and 2018-2019 QBPC Annual Top 10 Cases in IP Protection;    one of the landmark cases recognizing copyrightability of live sports programming, awarded as 2020-2021 QBPC Annual Top 10 Cases in IP Protection and “Deal of the Year 2020” by Business Law journal; and complaints to app stores, online platforms and related negotiations.

• Represented Lianjia/Beike in handling multiple copyright infringement and data unfair competition cases. One of these cases of unfair competition successfully obtained injunction relief order and high compensation of 10.5 million RMB, which was selected as one of the “Top Ten Typical Cases of Data Anti-Unfair Competition in the Beijing Intellectual Property Court” and “Typical Cases of Intellectual Property Disputes Concerning Online Platforms of the Haidian District People's Court in Beijing” in 2022. The litigation claims of one copyright infringement and unfair competition case were fully supported by the judgment.

• Represented Tencent in handling multiple cases of unfair competition, one of which has reference significance for how to apply the catch-all provision of Article 12.4 of the Anti-Unfair Competition Law. It was selected as one of the “Top Ten Typical Cases of Intellectual Property Judicial Protection in 2022” by the Sichuan High Court and the “Top Ten Typical Intellectual Property Cases of the Chengdu Court in 2022”.

• Represented Happy Elements in handling multiple trademark infringement litigation cases. These cases are typical examples of preventing others from using registered trademarks as generic names through the catch-all provision of Article 57.7 of the Trademark Law.

• Represented a well-known enterprise against a huge lawsuit of 150 million RMB launched by competitors before listing. Through effective evidence, effective defense was achieved, and multiple counter-lawsuits were initiated for counterattacks. Finally, the competitor was forced to accept a zero-compensation settlement and withdraw their lawsuit, thereby clearing the way for the client's listing.

• Represented Sina in anti-unfair competition, reputation infringement and commercial defamation cases.

• Represented Xunlei in copyright infringement and contract dispute cases.

• Represented an online gaming company in copyright infringement and unfair competition dispute.

• Represented a motor corporation in copyright and right of portrait related disputes.

• Represented an online gaming company in contract dispute about software development.

• Represented an online gaming company in taking-down actions and license negotiation.

• Represented a Hollywood studio in the arbitration with a Chinese company.

IP Trade

• Advised a major US IT company in its goods and services transactions with clients in China, review global commercial contracts covering its full range of products and services, especially for those complex and non-standard contracts involving third-party or open-source software

• Provided full-course legal consulting for a multinational technology company in a large aircraft manufacturing transaction

• Offered comprehensive legal advice to a multinational medical brand on clinic collaboration matters within China

• Advised an internet company in its cooperation with universities on technology development

• Advised NBA China on copyright license matters

• Advised Foreign Language Teaching and Research Publishing on IP license, commissioning, and publishing issues

• Advised NHL on licensing, sports event organization and promotion matters in China

• Advised a VR service provider on regular legal matters

• Advised a software company in its software development and license matters

• Advised an international publishing group on IP license matters

• Advised a film group on distribution of European films in China

• Advised a studio on the production of TV series

• Advised an entertainment group on daily IP and compliance issues, such as music license, artist brokerage, sponsorship, performance, internet-related compliance issues, etc.

• Advised a music training company on music production and license matters

• Advised a MCN in designing the template of brokerage contract for KOL

• Advised a Chinese company on cinematographic adaptation license of a famous South Korean online game

• Advised an online gaming company on daily IP and compliance issues, such as online games license, games, and internet related compliance issues, etc.

• Advised a Chinese animation company on IP license and merchandizing of the cartoon image GON                                                                                               

Brand Protection                                                                                                     

• Represented a well-known Germany cloth brand in its trademark portfolio management in China

• Represented a sport league in trademark oppositions and cancellation matters

• Represented a couple of well-known fashion brands in trademark disputes

• Represented an e-cigarette brand in trademark infringement cases

• Advised a machine manufacturer brand in the trademark dispute with its core competitor

• Advised a well-known European online gaming company in the copyright protection matters in China