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Journey of payment regulations from nodals to licences

By Anu Tiwari and Rohan Banerjee, Cyril Amarchand Mangaldas
The the payment aggregator and gateway guidelines recognise the pivotal role played by intermediaries in post covid-19 digital payments economy

Unresolved riddle of the code and acknowledgement of debt

By Misha and Nikhil Mathur, Shardul Amarchand Mangaldas & Co
A crucial cog in the wheel for the purposeful implementation and working of the IBC code is the applicability of section 18 of the Limitation Act, 1963, on the provisions of the code.

Pandemic relief measures in Singapore, Thailand and Indonesia

By Murali Pany, Bunnasomboon Chaiparinya and Iqbal Hadromi, JTJB
Countries around the world have implemented various relief measures to ease the impact of the covid-19 pandemic to their economies. This article provides a snapshot of the measures introduced in Singapore, Thailand and Indonesia

Where does liability lie in domain name infringement?

By Saif Khan and Shobhit Agrawal, Anand and Anand
There exists an imminent need for all stakeholders to collaborate and come up with a domain name framework that ensures that private rights and public interests are secured

Philippines’ proposed ITA shakes up online retail

By Michael Ryan Natividad, ACCRALAW
Online retail and other e-commerce services are now a mainstay of Philippine commerce. The exponential rise and consequent prevalence of online purchases are partly due to the covid-19 pandemic lockdowns that have constrained the consumer to stay at home

Philippines strikes back against counterfeits and piracy

By Amanda Carlota, Federis & Associates
In reports recently published on its official website, the Intellectual Property Office of the Philippines (IPOPHL) revealed that filings in 2020 for all types of intellectual property (IP) were down from 2019, while reports and complaints of IP violations went up dramatically compared to previous years

Advice for international marks with retail services in China

By Nick Ji, Corner Stone & Partners
It is well known that the China Trademark Office (CTMO) has refused to accept retail as a valid service in class 35 trademark applications over many years. In many other countries, however, retail service is acceptable for trademark registration in class 35

Offshore legal opinions on corporate and finance transactions

By Peter Vas, Loeb Smith Attorneys
Offshore lawyers routinely issue legal opinions with respect to British Virgin Islands (BVI) and Cayman Islands companies in the context of corporate and finance transactions. In this context, there are certain relatively common issues that arise with respect to legal opinions

Side-letter perspectives in Cayman subscription financing

By Peter Vas, Loeb Smith Attorneys
As a result of widespread concerns about liquidity and an uncertain macroeconomic outlook, it has become more important than ever for a lender to undertake proper due diligence on an investment fund prior to providing new financing

Philippines steps up rules of procedure for IP rights cases

By Amanda Carlota, Federis & Associates
The Supreme Court’s Revised Rules of Procedure for Intellectual Property Rights Cases took effect on 16 November 2020, amending the rules that had been in place since 2011. The revised rules apply to all Regional Trial Courts designated by the Supreme Court as Special Commercial Courts, which have jurisdiction over intellectual property (IP) rights cases

IBC resolution within regulated sectors in the public interest

By Anoop Rawat, Shardul Amarchand Mangaldas & Co
Various laws still contain gaps and ambiguities, and reconciliation with the provisions of the Insolvency and Bankruptcy Code, 2016 becomes a challenging task. It is essential to create synergies among specific regulatory laws with the provisions and the process envisaged under the code

Suspension of employment during the pandemic

By Laurie Christine P Quiambao, ACCRALAW
The honourable secretary of the Department of Labour and Employment has signed DO No. 215-20, which means that an employee may be placed on a floating status, or temporarily laid off, for the said period without losing his or her employment

India eases working requirements of patents

By Vidisha Garg, Anand and Anand
The Patents (Amendment) Rules, 2020 have great significance as they provide huge relief to stakeholders, with many glitches being removed and creases ironed out, thereby easing the requirements to a great extent

Avoiding trademark infringement in cross-border e-commerce

By John Xia, Corner Stone & Partners
Cross-border e-commerce has become a new point of economic growth yet the contradiction between the regionalism of trademarks and the globalism of cross-border e-commerce platforms pose a new problem for the development of global intellectual property rights

Analysis of ‘fair use’ of trademarks in spare parts market

By Manish Biala and Ashutosh Upadhyaya, Anand and Anand
This article will be broaching the subject of “fair use” of registered trademarks by spare parts industries. There exists a huge spare parts market for automobile, home appliances, etc. where third parties, manufacture and sell spare parts

Practical advice on filing non-use cancellations in China

By Nick Ji, Corner Stone & Partners
Some may think that only trademarks that are unused can be successfully cancelled, but in the author’s experience about 70% of non-use cancellations can succeed, including many trademarks that are in actual use

NIPS gives teeth to Philippine IP protection regime

By Amanda Carlota, Federis & Associates
The National Intellectual Property Strategy aims to develop “an effective intellectual property system widely recognized and strategically utilized to benefit and uplift the lives of Filipinos”

Financial rehabilitation as alternative mitigation against pandemic

By Zyra G Montefolca, ACCRALAW
In light of the implementation of various community quarantine measures brought by the covid-19 pandemic, many entrepreneurs incurred significant financial losses, forcing some business into closure

Controlling costs: deletion versus amendment of claims

By Vidisha Garg, Anand and Anand
Patent filings in India have increased from 47,854 patent applications in 2017-18 to 50,667 in 2018-19. Considering India has become such an important jurisdiction, the cost of filing patent applications has become a concern

Managing employment contracts during covid-19

By Martin Luigi G Samson, ACCRALAW
Taking decisive action now may be critical to the survival of  enterprises. Hopefully, the continued existence of businesses will allow them to survive, thrive and take care of employees in the future