MMLC Group - Practice Areas

Partners

Matthew A. Murphy

Matthew has over 20 years of China and Asia Pacific legal and business experience, focusing on Intellectual Property, Mergers & Acquisitions (including anti-trust) and International Trade. Matthew has been listed as a leading corporate/IP lawyer by various publishers such as Euromoney, Chambers and the Legal 500 and is an arbitrator with the Hong Kong International Arbitration Centre, the Beijing Arbitration Commission, and CIETAC. Matthew is a regular contributor of articles on Chinese and IP law to major journals, and regularly teaches international IP and technology law at the post-graduate level at a number of leading universities.

Prior to joining MMLC, Matthew was with Freshfields Bruckhaus Deringer and Simmons & Simmons in Hong Kong and London, and Allens Arthur Robinson in Australia. Matthew also worked as a Judge's Associate in Queensland prior to being admitted as a solicitor, and is listed in Who's Who in Business in Australia. His recent experience includes advising:

Culiangwang on intellectual property issues associated with the sale of its beverages business to Coca Cola for US$400 million
Various investment banks on Chinese anti-trust issues associated with Texas Instruments purchase of National Semiconductor and Google's purchase of Motorola Mobility
Various foreign shareholders in relation to the Chinese government approvals required for China Merchant's Bank acquisition of Wing Lung Bank (US$4.7 billion) and Sinopec's acqusition of Tanganyika (US$2 billion)
Various Global Fortune 500 companies and start-ups, on world-wide patent protection issues, patent litigation, IP licensing and retail ventures
Various Global Fortune 500 companies on trademark litigation and unfair competition actions in China, including in Hong Kong and Taiwan
Several listed US retailers on all aspects of their China market entry
A major US auto company and various major IT companies, on China and Australian Customs and tax matters - planning and disputes
A major US IT and electronics company, various major auto and biotech companies, on encryption, tax and Customs issues, restructuring and IP infringement actions in Greater China and Australia
Major US and Chinese fruit growing conglomerates on PVR rights, procurement and international acquisition

Matthew completed his Bachelor of Laws (LLB) and Bachelor of Business at the Queensland University of Technology in 1993. He completed his Master of Laws (LLM) at the University of Queensland, after studying Chinese commercial law at the University of Hong Kong. Matthew is admitted in Australia, England and Wales, and is a China foreign qualified lawyer. Matthew speaks and reads Mandarin Chinese.

Ellen F. Wang

e: ellenw@mmlcgroup.com

Ellen received a Bachelor of Arts majoring in history from Guangzhou University in 1995 and then commenced Masters studies at Beijing University. Ellen is fluent in English, Cantonese (native) and Mandarin (native). Ellen was the founder of the very successful China Dairy Equipment, one of China's leading suppliers of high technology to the dairy industry. Over the last few years Ellen has established distribution and sales networks for international clients throughout China. Ellen is a member of the International Technology Lawyers Association and the China Business Council. Ellen has recently been involved in:

Technology, taxation and market analysis for various life science, food science and health science companies, as well as Customs and tax dispute issues and planning exercises
Managing the localisation of patent applications, trademark applications, technology and commercial contracts for a large number of multi-nationals
Advising a well known Australian mining company on foreign exchange issues and repatriation of profit
Supervising the translation of complicated commercial agreements and promotional materials, from commercial leases to IPO documentation and complicated patent specifications
Developing Chinese character brands for foreign companies and advising on standards in relation to the garments, auto, electronics, food and dairy industries
Developing market opportunities for companies involved in genetics, proteomics and bioinformatics

Hong Mei

e: hongmei@mmlcgroup.com

Hong Mei is a qualified Certified Practising Accountant. She has a wealth of business consulting experience particularly in relation to international trade. Prior to joining MMLC, Hong Mei worked in the corporate finance department of a PRC import and export company. Her recent experience includes:

Running corporate accounting and tax filings for FIEs and representative offices in Beijing
Negotiating the grant of foreign trade rights for various PRC companies
Advising various Global Fortune 500 companies and government corporations on international tax issues and planning
Representing various PRC and international companies in customs and tax disputes

Yu Du

e: yudu@mmlcgroup.com

Yu Du has a Bachelor of Laws and Master of Laws from the China University of Political Science and Law. Yu Du joined MMLC in 2008. Immediately prior to joining MMLC, Yu Du worked as Asia legal counsel for a major Chinese media company, focusing on business transactions and IP matters. Yu Du's recent experience includes:

Preparation and delivery of an antitrust programme for Ecco shoes
Representing major brand owners in TRAB and court proceedings
Acting for foreign governments in the protection and enhancement of their constituents' intellectual property rights in China
All types of commercial contracts affecting the media and telecoms industry in China
The registration of trademarks, designs and patents; as well as oppositionproceedings, licensing and royalty remittance issues
Tax, employment, FDI and restructuring
Applications for Chapter 11 reorganisations under the Bankruptcy Law of China, as well as liquidations
Chinese competition law issues regarding international and local transactions, price fixing, and dominant market position issues
Advising various local and foreign shareholders regarding Mitsubishi's proposed purchase of Lucite (US$1.6 billion), Chinalco's proposed purchase of interests in Rio Tinto (US$19.5 billion) and Minmetals proposed proposed purchase of Ozminerals (US$1.7 billion)
Providing risk management and legal issues training to Danaher group entities in China

Xia Yu

e: xiayu@mmlcgroup.com

Xia Yu studied law at the China Youth University for Political Sciences, and then went on to complete a Master of Laws at Bristol University in the UK, majoring in intellectual property and competition law. Prior to joining MMLC, Xia Yu worked in one of China’s largest transportation state-owned enterprises in a business management function. Xia Yu’s recent work at MMLC, has involved:

Assisting Culiangwant/China Green with the IP issues associated with the sale of its beverages business to Coca-Cola
Assisting clients in the musical instruments and auto manufacturing industries, in particular, with Customs protection, trademark registration and enforcement issues across Greater China
Drafting and negotiating bilingual transactional documents for a well known international IT company
Managing the design searches in Greater China for a well known multinational clothing company
Advising clients on various provisions in the Anti-Monopoly Law and its application to international transactions, including BHP and Rio Tinto, HP and 3Com and others
Advising companies from the IT, electronics, auto and biotech sections on patent registration and enforcement matters
Advising several auto and aerospace entities on patent revocation and licensing issues

Senior Associates

Sarah Xuan

e: sxuan@mmlcgroup.com

Sarah graduated from the respected Temple-Tsinghua LLM program in 2008. Prior to joining MMLC, Sarah worked in a major law firm in Beijing gaining experience in commercial leasing and property matters for Nokia, a major cross-border M&A transaction regarding the health industry and various consumer protection actions. Since joining MMLC, Sarah has been instrumental in:

Advising Austrex in relation to major livestock export agreements and protocols
Running trademark and patent litigation matters for companies involved in the auto and industrial sectors across China
Establishing a wholly-owned foreign enterprise for one of the world's leading software developers
Various foreign shareholders in relation to the Chinese government approvals (in particular the competition law approvals) regarding Coke's acquisition of China's Huiyuan (US$2.5 billion) and Inbev's acquisition of Anheuser Busch (US$52 billion)
Various local and foreign shareholders regarding Mitsubishi's proposed purchase of Lucite (US$1.6 billion), Chinalco's proposed purchase of interests in Rio Tinto (US$19.5 billion) and Minmetals proposed proposed purchase of Ozminerals (US$1.7 billion)
Restructuring of corporate groups in China
Reviewing and advising on China Customs strategies for a major multinational beverages company
Trademark filings, oppositions and appeals for entities in the IT, auto, crafts and bioscience areas
Assisting a bioscience entity with restructuring of its Asian operations

Fei Dang

e: feidang@mmlcgroup.com

Fei Dang graduated from Beijing Normal University in 2011 with a Juris Master of Laws. Fei also has a Bachelor of Arts degree in Middle Eastern languages that she obtained from the Beijing Foreign Studies University in 2007. Fei passed the Chinese Lawyers Bar Exam in 2010, and also became a licensed securities practitioner in 2010. Prior to joining MMLC, Fei has worked for a US law firm and a local Chinese law firm in the areas of corporate and commercial law. She has also worked as a professional translator involving Middle Eastern, English and Chinese languages. Fei Dang’s recent work at MMLC, has involved:

Advising Ecco on its distribution network, IP issues and licensing matters across China
Assisting with a number of high profile domain name litigation cases involving professional firms, industrial products companies, Alibaba and others
Assisting major national government departments with Turkish/China relation issues
Advising clients on intellectual property and technology licensing arrangements, translations and registration issues
Managing TRAB appeals for trademark owners in relation to absolute and relative ground appeals
Running the China aspects of international M&A transactions for private and listed companies, including advising oncompetition law, FDI, and government approval issues

INTELLECTUAL PROPERTY AND TECHNOLOGY - LITIGATION AND TRANSACTIONS

CORPORATE · INTERNATIONAL TRADE · DISPUTE RESOLUTION

MMLC Group

Intellectual Property

Our IP practice covers contentious and non-contentious issues relating to trademarks, patents, trade secrets, copyright, industrial designs, passing off/unfair competition, plant varieties and integrated circuits. We work with clients to properly and cost-effectively register, secure, protect and enforce their IP rights in China, Hong Kong, Taiwan, Australia, New Zealand, the UK and globally. We act for some of the world's most well-known companies in relation to IP rights, as well as counsel government regulators and industry groups. Our work in this area, during the last 12 months, has involved:

Representing a European national government on securing Geographical Indication protections for various geographically significant brands in China
Supporting significant US trademark infringement litigation with strategic actions in Singapore, China and Hong Kong
Representing a major US life sciences MNC in relation to trademark litigation and registration in China
Representing a major US machine tools company in intellectual property strategic structuring, as well as patent and trademark protection/litigation in Greater China
Representing several plant breeders from the US, Europe and South America in relation to the securing of plant variety rights in China's SFA and MOA PVR Offices (and associated trademark registrations) for various new strawberry, grape, raspberry and blueberry varieties, including the management of DUS testing, liaison with growers and government agencies, and the handling of associated regulatory matters and patent litigation
Representing a well-known US industrial congolmerate in unfair trade, antitrust and unfair competition litigation in Greater China
Assisting Meta with the acquisition of strategic domain names in the Asia Pacific region
Representing a major US luggage company in design patent and trademark litigation in Greater China
Representing a major US garments company on trademark and copyright litigation in the Asia Pacific region
Representing a US musical instruments icon in distribution agreement and intellectual property litigation in Asia
Representing a major US entertainment and live events MNC in trademark infringement matters in Mainland China, Hong Kong SAR, Australia and New Zealand
Assisting a major US microchip components producer with trademark security in China, Japan, Korea and India
Advising an international sports goods entity in patent litigation in China, Australia and the US
Representing a US virtual currency operation in arbitration proceedings in China and the Hong Kong SAR
Advising a US nuclear devices and components MNC on IP protection strategies and implementation in China
Advising a US sound technology entity on China and Asia IP and related issues with regards to a new voice room product
Advising a major US industrial conglomerate on the acquisition of brands from adverse parties in China and Australia
Advising an iconic US musical instrument and electronic devices MNC on IP protection strategies and implementation regarding new product line development and sales in China, Hong Kong, Australia and New Zealand - shape marks, sound marks and others in play
Representing a New York based arts studio on China IP matters involving the NBA
Representing a major US city government and its incorporated bodies on trademark litigation in China
Representing a Hong Kong property and biotech company in trademark registration and litigation matters in China
Representing a US healthcare and FMCG company in trademark and design patent matters in China, the Hong Kong SAR and Australia
Advising an iconic US fashion house on IP protection strategies in China, and implementation of such strategies and litigation as required
Representing various US based auto companies in China Customs IP protection matters, worth over US$150m in value
Advising a US based chemicals company on restructuring of IP and technology holdings in China
Representing various US plant variety rights holders in Plant Breeders Rights matters in Australia
Representing MNCs involved in auto, electronics, garments, musical instruments, sports goods and renewable energy, with Customs IP protection matters in China
Representing a Singaporean beverages company in securing trademark registrations in China and globally, as well as licensing and related commercial matters
Representing a well-known Australian non-alcoholic beverages entity on securing protection for its key brands in China and the Hong Kong SAR
Advising a US electronics company on patent registration matters in China, along with litigation and related enforcement actions
Representing an iconic Australian wine lable in securing trademark registrations for its brands and labels in China
Representing one of the world's most well-known energy drink companies in trademark litigation and enforcement in China
Acting as arbitrator in over one hundred domain name cases involving parties such as Alibaba, CK Hutchison, PCCW, Canaan, American Standard, Norton Rose, Harvard, Tencent, Marriott and CLP
Representing an Asia Pacific based handicapper technology company on intellectual property matters in China, including trademark registration
Representing various US company patent owners in unauthorised technology use/patent litigation investigations, in the Asia Pacific region
Assisting a US based fragrances company in the securing of intellectual property rights in China, and associated litigation
Advising animation movie production companies on global moral rights issues and contractual issues
Advising one of the US's oldest and most presitgious universities on trade secret protection and enforcement in Greater China

Technology

Our technology practice is one of the leading boutique TMT/biotech/pharma practices in the Asia Pacific region. We work with clients to identify risks and opportunities in new and developing technologies, with a view to developing legal models to isolate and reduce those risks, whilst capitalising upon opportunities. In the ever-changing world of regulatory developments in telecoms/media, data protection, outsourcing, cybersecurity, fintech applications, life sciences, pharma and biotech areas, we are constantly developing legal and technical skills so as to be in the best position to be able to assist our clients in the most practical way. Our more recent matters in this area, during the last 12 months, includes:

Advising a major US sound engineering and products company on China encryption and technology import and export regulations, including the new export control regulations
Advising a leading US motions device MNC on strategic ventures with Baidu
Representing a US machine tools MNC in relation to Customs/indirect tax planning and disputes management in Greater China
Advising an Asian solar entity on China and Australian regulatory issues
Advising the world's largest social media company on China aspects associated with US technology and Internet litigation
Advising a US entertainment device manufacturer on China's CCC regulations and place of origin issues associated with new product lines
Advising an Australian online education entity on product delivery agreements, including associated regulatory issues arising in China and across the Asia-Pacific region
Advising an iconic US technology entity on China regulatory issues associated with 5G devices
Representing a US devices entity in negotiations with Chinese government departments regarding the enforcement of export control, encryption and Customs regulations
Advising a leading cell phone designer and manufacturer on data privacy and technology regulations in China and the Hong Kong SAR
Advising a European health products company on data privacy issues in Mainland China and the Hong Kong SAR
Advising an Sino-Australian online games JV on regulatory issues in China and the Hong Kong SAR, and securing required approvals and IP registrations
Acting for a well-known US biotechnology company in the sale of million dollar equipment units to listed Chinese food processors and dairy multinationals, as well as ongoing maintenance and reagent sales arrangements
Assisting one of the world's largest social media companies in global clickfarm litigation

Transactions/Corporate

Our business transactions practice covers complex international mergers and acquisitions, tax planning, corporate finance, franchising and IP commercialisation transactions, foreign direct investment advisory, restructuring, anti-trust and competition law, Asian labor relations, employment and consumer protection. We have acted in some of the most complex commercial transactions in Asia in recent times, independently or backing-up some of the largest US law firms in the world. We provide corporate/commercial advice to some of the world's largest companies, as well as SMEs, NGOs and start-ups. Our more recent matters in this area, during the last 12 months, include:

Representing a Chinese based solar energy entity in mergers and acquisitions in Asia
Advising a major US auto components company on China aspects of the acquisition of an auto MNC
Advising an Australian based multinational agricultural entity on the acquisition of a strategic interest in an animal health facility joint venture in Mainland China
Carrying out white collar corporate investigations as required in relation to highly sensitive issues arising in Australia, China and elswhere
Representing a European solar energy entity in acquisitions in China
Representing a US auto company in acquiring a Chinese motorcycle manufacturer
Representing a US industrial components conglomerate in acquisition of key assets in China
Advising a US chemicals company on IP asset acquisition and licensing
Advising a US beverages entity on the acquisition of a China based beverages entity
Advising an Australian agricultural focused entity on the acquisition of an interest in a China dairy foods entity
Advising US and European plant variety developers in transactional and licensing matters in China
Advising various agricultural MNCs on R&D projects in China, including equity stakes and JV issues
Advising a European clothing manufacturer on FDI, JVs and the acquisition of competitors in China
Advising various hedge funds and investment banks on numerous Hong Kong IPOs, and cross-border transactions
Acting for a New Zealand based biotechnology equipment company in the sale of its instruments to major Chinese food processing companies
Advising a well-known US based technology company on the sale of equipment to Chinese dairy processors, as well as ongoing reagent sales and servicing arrangements
Advising on restructuring of the China based operations of a European clothing and sports goods manufacturer

Taxation and International Trade

Our market leading tax and Customs/trade team has assisted some of the world's major manufacturers in relation to transfer pricing disputes, process trade audits, Customs investigations, structuring of employment compensation arrangements, R&D incentive plannings and the taxation aspects of licensing and restructurings in the Asia Pacific region. Our firm was given the Tax Advisor of the Year Award in 2013, despite stiff competition from the larger law and accounting firms. Included in our tax team are lawyers, consultants and financial consultants. Some of our people have focused on China/international Customs matters for over 20 years. Our more recent work in this area, during the last 12 months, includes:

Advising a US sensors and controls company on processing trade and strategies to minimise duties in China and the Asian region
Representing a US auto company in Customs and Tax audits in China
Advising embassy staff, and their clients, in relation to international trade issues associated with wine, beef and other products
Advising a US electronics company on HS code classification issues and related disputes in China
Advising an Australian sports goods company on Customs disputes relating to licensing issues and technology export issues
Advising an iconic US electronics company on China Customs and Tax issues associated with processing trade, import and export, and anti-smuggling issues
Representing a US entertainment products manufacturer in Customs investigations in the Hong Kong SAR
Representing a major US based computer chip manufacturer and enhancer on trademark and intellectual property registration matters in Australia, China, the UK, the EU, Japan and Korea
Representing a US events management company icon on trademark and passing off litigation in Australia regarding knock-off brands and acts of unfair competition
Representing Chinese marine companies, US musical instrument companies, US and Australian medical device companies in UK, Australian and New Zealand trademark registration matters
Representing US medical MNCs in the creation of Chinese character brands, and registration in China, including clearance
Advising the China offices of a major US electronics company on corporate taxation issues, as well as the structuring of expatriate packages
Acting as second opinion provider for a major accounting and consulting firm regarding taxation issues arising in several large mergers and acquisitions