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Advertising

TransAsia's advertising practice developed as a result of our work in the media, telecoms, consumer and luxury products, health care, sports, events and intellectual property sectors. We advise on both traditional and new media advertising issues across a wide range of highly regulated industries. We also assist our clients with the myriad issues inherent to many advertising initiatives, including regulatory compliance and censorship, commercial agreements and partnerships, intellectual property, data security, privacy, and consumer protections. TransAsia is the sole China member of the Global Advertising Lawyers Alliance (GALA).

Client Services

  • Establishment of advertising agencies
  • International copy clearance through our membership of the GALA as the sole China member
  • Licenses, permits and other regulatory matters
  • Regulatory compliance and censorship issues
  • Intellectual property protection and enforcement
  • Television advertising, including commercials, infomercials, and TV shopping
  • Public advertising, including airport billboards and office building advertising screens
  • Digital advertising
  • Sponsorship and promotional tie-in arrangements
  • Commercial agreements, including advertising agency arrangements and product endorsements
  • Data security
  • Mergers and acquisitions in the advertising industry
  • Consumer protection and privacy issues

Representative Transactions

  • Advised Business Week on its local advertisement censorship policy
  • Assisted Gruner+Jahr in setting up its advertising agency in China
  • Assisted Bertelsmann on advertising issues relating to its public relations campaign upon the termination of one of its business lines
  • Advised IMG on general legal issues stemming from its advertising initiatives in China
  • Advised Time Inc. on its advertising sales agency arrangement in China
  • Advised Duty Free Shoppers (DFS) and TVSN on television advertising
  • Advised Sohu.com on the establishment of an online advertising subsidiary
  • Advised Qunar.com on advertising censorship and regulatory compiance issues
  • Advised AirMedia on the restructuring of its nationwide operations for advertising in airports nationwide
  • Advised various GALA members on regulatory compliance and intellectual property infringement issues in the Chinese advertising sector
  • Represented China's main sports broadcasting channel, CCTV-5, in a US$ 1 billion arbitration case against an advertising agency

Relationships with Regulators

We regularly consult and work with key government authorities, including the State Administration of Radio, Film and Television (SARFT), the Ministry of Industry and Information, the Ministry of Culture, the State Administration for Industry and Commerce, and the Ministry of Commerce.

We have assisted the SARFT with various research and policy initiatives, including those relating to IPTV and broadcast copyright licensing.  In late 2006, the SARFT also invited TransAsia  to conduct workshops for senior officials on the international regulation of advertising and TV shopping.

Publications

China's Media and Entertainment Law

With contributions from senior government officials and the endorsement of the SARFT and other key regulators, in 2003, 2006 and 2013 we published the first, second and third volumes of China's Media and Entertainment Law, respectively. This book is the first and only publication of its kind, and serves as an authoritative reference guide. It contains translations of key legislation, and in-depth commentaries. Among the industry segments highlighted is China's advertising industry, with an analysis of the regulatory environment, foreign investment and ongoing industry challenges. The latest edition was produced as a series of topic-specific e-Guides which can be viewed here.

Other Publications

Cable TV in China

TransAsia contributed to the Financial Times report on Cable TV in China. The report explains the complex Chinese cable television sector, and its regulatory development.

Representative Clients

  • Air Media
  • Bertelsmann
  • CNBC
  • DFS
  • Electronic Arts
  • Forbes China
  • Gruner + Jahr
  • IMG
  • JD Power
  • Morningside
  • Philip Morris
  • Qunar.com
  • Sohu.com
  • Time Inc.
  • TVSN