TransAsia maintains an active intellectual property (IP) practice, both independently and as an integral component of our other practice areas. We are particularly active in IP matters relating to heavily regulated and evolving areas, such as the Internet and broadcast media. Our IP team is also active in IP dispute resolution, assisting clients to resolve a wide range of lawsuits, particularly with respect to online and audiovisual copyrights.

Client Services

TransAsia advises on all manner of issues relating to copyrights, trademarks, domain names and trade secrets, including:

• IP registrations
• Opposition and invalidation proceedings
• Licenses and assignments
• Technology import and export
• The investigation of IP infringement activities
• Administrative proceedings with the Trademark Office, National Copyright Administration, Administration for Industry & Commerce and other governmental bodies
• Deep-linking, peer-peer, user generated content and online piracy
• Digital rights management
• Dispute resolution and arbitration
• Risk analysis and IP strategies

Our IP practice team members work closely with our firm’s other practice areas, including our IT & telecoms, media & entertainment and employment groups to provide our clients with a full range of legal services.

Dispute Resolution

As China's IP protection regime has matured, litigation has become an increasingly attractive option for effectively protecting IP. Within our IP practice, our litigation team has successfully represented a number of clients in a wide range of lawsuits, particularly in the area of online and audiovisual copyrights. Our team also has strong experience in defending clients to protect their legitimate right to make fair use of third party materials, as well as being active in the area of domain name dispute resolution.

Government Work

We enjoy close working relationships with the key government authorities in this field, including the Ministry of Culture, National Copyright Administration and the Trademark Office under the State Administration for Industry & Commerce.

We have also assisted the State Administration of Radio Film & Television with various research and policy initiatives, including those relating to IPTV and broadcast copyright licensing.

Representative Transactions

• Advised Nokia on its digital rights management system for a new electronic device to be distributed in China
• Advised Duty Free Shoppers (DFS) on its IP protection strategy for China
• Represented Elsevier in its negotiations with cyber-squatters for the transfer of domain names in the .cn space
• Represented Random House on several trademark matters
• Advised the International Olympics Committee during the 2006 Torino Winter Olympic Games on the protection of its IP rights (specifically in respect of online sources) throughout China
• Assisted various multinationals with IP restructuring and ownership arrangements in order to comply with regulatory requirements
• Assisted Electronic Arts to protect its trademarks and copyrights in online-game licensing and cooperation with local partners, including advising on risk analysis and IP strategies
• Successfully defended Youku.com (leading Chinese video sharing website) against a claim brought by Shi Ji Long (provider of online television content) for alleged copyright infringement resulting from user uploads of unlicensed television programs
• Obtained a favorable settlement for Youku.com in a copyright infringement case brought against it by TVB, a leading Hong Kong-based broadcaster
• Assisted Youku.com to significantly reduce previously awarded damages for the alleged copyright infringement of 3 pieces of electronic publications resulting from user uploads
• Represented Google in a claim initiated by a local website for IP infringement and successfully persuaded the court to eventually reject the case
• Advised Mtime, a leading PRC movie content website on its litigation against another website for copyright infringement
• Represented Fushi Copperweld on its appeal before the PRC Trademark Review and Adjudication Board for the registration of a trademark
• Successfully defended Qunar.com (China’s largest online travel search engine) in persuading the appeals court to overturn the original judgment for copyright infringement

Representative Clients