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Vantage Asia Editor

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No minimum period for claims under bank guarantee

By Aditya Vikram Dua and Harshil Shubham, SNG & Partners

Half empty or half full?

How are law firms viewing the changing times? Our survey taps their sentiments and outlook for the future

NFTs: would Vincent have approved?

Eros Digital’s GC delves into the latest investing fad, NFTs, which have reignited the debate on the creator’s right to resale

Indian Law Firm Awards 2021

The first wave of the pandemic across India came and went and, at one point, life began again, hope was restored, and work seemed to pick up pace. Many law firms announced new hires and partner promotions, and some opened new offices

Getting what’s rightfully due

As important members of the legal profession, general counsel should be recognised by reviewing The Advocates Act and be supported by a regulatory body, write Akhil Prasad and Sanjeev Gemawat

Global insights for Japanese companies

Once the world’s manufacturing hub, Japan is now a global financial powerhouse, and an investor of choice for countries across the world. Their technological prowess, manufacturing capabilities, long investment horizons and friendly terms make them sought-after investors

Focus on what constitutes a guaranteed redemption

By Li Xinqian and Ren Guobing, Jingtian & Gongcheng

How proposed data reform will affect venture capital

By Vineetha MG and Pratik Patnaik, Samvad Partners

Stricter approach to similarity in pharma trademark cases

By Omesh Puri and Ruchi Sarin, LexOrbis

A guide to the proper investigation of title

By Alok Tewari, Kochhar & Co

A cut above the rest

The leading international law firms for India-related matters

Cayman privatizations back in vogue

By David Lamb, Conyers Dill & Pearman
Privatizations of public companies incorporated in the Cayman Islands and listed on a major stock exchange are in vogue again for a variety of reasons, financial and regulatory

Firm response

Law firms and companies take the lead in fulfilling social responsibilities during China’s COVID-19 crisis

Converting to a one-person corporation

By Leia Clarissa Veronica R Veracruz, ACCRALAW
To keep abreast of changing times and make doing business in the Philippines easier, the Revised Corporation Code (RCC) has introduced the concept of a corporation with a single stockholder

Impact of COVID-19 on bankruptcy code

By Misha and Vaijayant Paliwal, Shardul Amarchand Mangaldas & Co
The ongoing COVID-19 pandemic has dealt a crushing blow to the world economy, and has placed businesses in almost all jurisdictions under severe financial strain

Importance of filing patents for fundamental research

By Qi Yongqiang, Corner Stone & Partners
The importance of SCI papers has also been reduced and SCI papers-related indicators have ceased to be a major factor in assessing researchers’ performance

Can video links in arbitration hearings help in a pandemic?

Many arbitration cases have been paused due to social distancing measures, which are widely regarded as the key to fighting the ongoing COVID-19 pandemic.

Remote controls

With the deadly COVID-19 virus forcing businesses into shutdown mode, PRC labour laws are scrambling to regulate a new norm for work conditions and payment standards.

Three big views

ere we glean the opinions of three elite GCs from different industries, who share their observations and strategies on team management and communication

Patent applications on inventions for pharmaceutical use

By Wu Xiaoping and Zhang Mengqian, Wanhuida Intellectual Property
If a Chinese medical research institute applies for the patent of a US brand-name drug that might cure COVID-19, as a ‘secondary use’ invention does it constitute squatting?

Planning personal wealth under economic globalization

By Fu Zhongwen and Zhu Changying, Long An Law Firm
In a new era, High net worth individuals and China’s 'mass affluent' can now manage legal risks with once exclusive products and wealth strategies

Culture in the courtroom

The process of assessing demeanour can be difficult for a judge when the witness is from a different culture

Issuing bonds abroad during the pandemic

By Jason Cheng and Mao Shengdi, Dentons

Overseas project applications by Chinese enterprises (Part 2)

By Selena She and Kenneth Kong, Llinks Law Offices

Impact of revised Securities Law on compliance and insider trading

By Du Lianjun and Chu Zhilin, East & Concord Partners

Patented drugs and the ‘Bolar exception’ clause

By Tang Huadong, Merits & Tree Law Offices

Online lending: Chinese investors get second chance

By Santosh Pai and Vinu Peter Immanuel, Link Legal India Law Services
India has growing internet penetration and a large unbanked population, but Chinese investors need to be wary of much tighter regulations when entering this market

Strategies for countering online infringement

By Frank Liu and Jerry Huang, Tiantai Law Firm,

Does OEM use constitute trademark infringement?

By Lian Chenghe and Xing Keke, Yuanhe Partners

Points for SOEs transferring commercial bank equity

By Yang Guang and Wang Yao, Lantai Partners

Developing a pre-reorganization system in China

By Xu Bangwei and Zhang Xiaotong, Jingtian & Gongcheng

2 tips for businesses managing COVID-19 legal risks

By Li Weiming, Tiantai Law Firm

Compensating delay in granting of patents

By Piyush Sharma and Joginder Singh, LexOrbis

Complementary advances can be research or imitation

By DPS Parmar, LexOrbis

How foreign awards are enforced in India

By Simranjeet Singh and Rohan Ahuja, Athena Legal

A speedy resolution scheme for Yes Bank

By Sawant Singh and Aditya Bhargava, Phoenix Legal

Navigating the problems of inland waterways

By Akshay Malhotra and Ishita Gupta, HSA Advocates

Shining a light on unsafe practices

Inadequate enforcement of Indian standards has encouraged spurious manufacturers to put unsafe products on the market

Dealing with delays at the IPO

The Patent Office making exceptions for delays to applications due to COVID-19 is welcome, but it should adopt more applicant-friendly policies for other cases too

At a crossroads

Recognizing homebuyers as financial creditors in the event of insolvencies is a welcome move, but the RERA remains the preferred route for recovering funds

Preferential tariffs come under further scrutiny

By Shampa Bhattacharya, Kochhar & Co

China Business Law Awards 2020

We launched the “Golden League” award this year to reflect the market situation, and to encourage the firms on the list, and their peers, to improve their overall quality and level of service

Compliance risk management under Cybersecurity Law

By Sharon Shi and Shin Feng, AllBright Law Offices

Gains and losses during transition periods in M&A

By Gong Ruozhou, Grandway Law Offices

Opportunities and risks in Jordan’s energy market

By Wang Jihong and Steven Wu, Zhong Lun Law Firm

‘Transplant’ of the arbitration agreement

Is the arbitration agreement entitled to be “transplanted”? And would the transplanted one still be recognized as an effective arbitration agreement?

Fiduciary duty in asset management transactions

The legal relationship between a client and a manager in asset management transactions should be dealt with under the analytical framework of the fiduciary duty.

Diversity adversity

Supreme Court Justices Dhananjaya Chandrachud and Ajay Rastogi recently passed a ruling that enables women officers to serve as army commanders. The court also granted women officers the right to extended permanent service – a privilege that previously applied only to men. While the order affords women army officers the rights they deserved long ago, it does not fix overnight the backward views and stubborn stereotypes that persist within the corridors of power, be it those in the army or elsewhere.

Problem solving

The way ahead is never straightforward

Viral enemies

Windfalls always await the lucky and the learned

Fire tests gold

Copyright and judicial proceedings

Is copyright infringed if documents are copied for the purposes of judicial proceedings?

A new dawn

As employers wake up to the reality of COVID-19, how can they minimize risks for employees and ensure business continuity?

Flight of the black swan

We ask senior in-house counsel and lawyers about the dangers, and the silver linings, that lie ahead in 2020

French and Chinese trademark laws: A comparison

By Huang Hui and Paul Ranjard, Wanhuida Intellectual Property
It is interesting to draw a comparison between the new French law and China’s current Trademark Law in two important aspects: genuine use and tolerance

Advice on tax, insurance and provident funds during COVID-19

By Jeffrey Quan and Wu Zhenyu, ETR Law Firm
This article interprets the latest regulations and puts forward suggestions for implementation by referring to the relevant regulations enacted in the SARS outbreak of 2003

Preventing risk in overseas project subcontracts

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm

Problems, countermeasures of decentralized TM management

By Frank Liu and Adam Zhu, Tiantai Law Firm

India’s data protection regime: Are you ready for the change?

By Santosh Pai and Yosham Vardhan, Link Legal India Law Services
What are the opportunities and risks for Chinese investors once the personal Data Protection Bill 2019 is approved?

Risks in execution of a contract of guarantee

By Li Weiming and Xiong Xiaorong, Tiantai Law Firm