MMLC Group - Insights

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 • CORPORATE • INTERNATIONAL TRADE

MMLC Group

Recent Articles and Updates

MMLC's Fei Dang looks at Increased Scrutiny of Patent Filings in 
China - 5 June 2023 [read more]

MMLC's Matt Murphy looks at China's new draft guidelines on industry 
associations and the PRC Anti-Monopoly Law - 25 May 2023 [read more]

MMLC's Matt Murphy looks at the HKMA's pilot programme for trialling its 
e-HKD CBDC - 25 May 2023 [read more]

MMLC's Sarah Xuan looks at the amendments to the Hong Kong 
Copyright Ordinance, that commenced operation this month - 24 May 2023 
[read more]

MMLC's Ellen Wang looks at the ATO's new Draft Practical Compliance 
Guideline on the taxation of Cross-Border Dealings in Intangible 
Assets - 22 May 2023 [read more]

MMLC's Matt Murphy looks at the May 2023 European Commission report 
on IP concerns for non-EU countries, noting China 
mentions - 22 May 2023 [read more]

MMLC's Ellen Wang looks at the MOU Signed by Singapore and China on 
the resolution of disputes arising under the BRI - 18 May 2023 [read more]

MMLC's Matt Murphy looks at innovation under the May 2023 
Australian Budget - 12 May 2023 [read more]

MMLC's Matt Murphy looks at developments in the regulation of AI 
systems by the US and Chinese governments - 9 May 2023 [read more]

MMLC's Yu Du looks at the BIODERMA decision by the Beijing IP 
Court and higher courts, noting a more relaxed examintion offered by 
the Supeme People's Court - 8 May 2023 [read more]

MMLC's Matt Murphy reviews the recent decision of the European 
Court of Justice in Louboutin v Amazon, against the new EU Digital 
Services Act - 7 May 2023 [read more]

MMLC's Matt Murphy reviews the UKIPO's new Guidance Note on 
NFTs and Virtual Goods - 20 April 2023 [read more]

Download Nov 2020

MMLC's Fei Dang looks at the proposed amendments to China's Trademark 
Law [read more]

MMLC's Sarah Xuan looks at punitive damages awards in relation to 
PVR litigation in China [read more]

MMLC's Xia Yu looks at China's new Outbound Data Transfer 
Measures [read more]